These Terms and Conditions access to, and use of DFWBuyMyHouse website located at dfwbuymyhouse.com (“Website”) including any content, services and functionality offered on or through this Website. Please read these terms carefully before you start to use this Website as these Terms and Conditions are an agreement between you and our company, you are bound to these Terms and you indicate your continued acceptance of these Terms.
Responsibility of users of the website and/or services.
Your access to, and all of your use of the Website, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and DFWBuyMyHouse.
When accessing or using the Website and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website and/or Products, and you agree not to use the Website, for any of the following:
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of the Website and/or Products, or our provision of Products to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.
The downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
the content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
If you delete content, DFWBuyMyHouse will use reasonable efforts to remove it from the Website and our servers, but you acknowledge that caching or references to the content may not be made unavailable to the public immediately.
DFWBuyMyHouse disclaims any liability for any harm or damages resulting from your access or use of the Website and/or Services, or access or use of non-DFWBuyMyHouse websites.
DFWBuyMyHouse has the right (though not the obligation) to (i) refuse or remove any content that, in DFWBuyMyHouse’s reasonable opinion, violates any DFWBuyMyHouse policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website and/or Services, to any person for any reason, in DFWBuyMyHouse’s sole discretion.
When you complete the form on the Website – or contact DFWBuyMyHouse via phone numbers displayed in the Website – we match your information and service request against our list of Investors, which may include exclusive licensees of the DFWBuyMyHouse tradename and services as well as other real estate professionals who have an association or contractual relationship with DFWBuyMyHouse Marketing or its affiliates (collectively, “Investors”). When you submit a request through our website, you provide express written consent to DFWBuyMyHouse Marketing to provide your personal information to one or more Investors we match with your request. Sharing this information with Investors allows them to contact you using the e-mail address(es), phone number(s) (including mobile devices, SMS, and MMS), or other contact information you provided, even if you are on a Do Not Call list.
Note: You are providing express written consent for DFWBuyMyHouse and these associated Investors to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
DFWBuyMyHouse Marketing is not a licensed real estate broker. DFWBuyMyHouse does not own, sell, invest, provide, control, manage, offer, deliver, solicit sales of real estate. We do not represent you in connection with any real estate transaction, and you may want to consult with a broker or lawyer before selling or buying real property. DFWBuyMyHouse Marketing is not involved in making the offer or otherwise involved in the transaction and does not guarantee you will get the best offer available.
Users are responsible for their own activities and DFWBuyMyHouse does not make any decisions in connection with the products or Services. DFWBuyMyHouse does not endorse or recommend the products or services of any particular Investors. DFWBuyMyHouse is not an agent of either you or any Investor or Seller. DFWBuyMyHouse’s services are only administrative. You should rely on your own judgment in deciding which available product or service and Investor relationship best suits your needs and financial means.
DFWBuyMyHouse has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Investor or Seller’s activities or information, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other member content (as defined below), or (iii) the performance or conduct of any member or third party.
Any information provided about an Investor or Seller is not an endorsement, certification or guarantee by DFWBuyMyHouse about any Investor or Seller, including of their identity or background or whether they are trustworthy, safe or suitable. You should always exercise due diligence and care when deciding to use the Service, any financial transaction, or communicate and interact with other Investors or Sellers, whether online or in person.
Each Investor is solely responsible for its services to you, and you agree that DFWBuyMyHouse shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of their products or services, or offers. You understand that Investors may keep your request information and any other information provided by DFWBuyMyHouse or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Investor or Seller directly if you no longer want to receive communications from them.
DFWBuyMyHouse expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Website at any time, without prior notice.
If you choose to use the Website, including as an Investor or Seller, your relationship with DFWBuyMyHouse is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of DFWBuyMyHouse for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of DFWBuyMyHouse.
DFWBuyMyHouse is paid a license and/or marketing fee by the Investor or a third party “finder” (if the finder markets for or to the Investor or Seller) for the goods, facilities and services DFWBuyMyHouse provided. Your use of the Websites and/or DFWBuyMyHouse Marketing’s Services constitutes your agreement with this compensation arrangement. Participating Investors are responsible for paying for any cost associated with the product or service, which is provided to you or any other Seller as an information service at no cost.
You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.
Copyright, Trademark and Service Mark Notices
All contents of the Website are: Copyright © DFWBuyMyHouse, All rights reserved. DFWBuyMyHouse and DFWBUYMYHOUSE.COM are registered trademarks of DFWBuyMyHouse, other product and company names mentioned herein, including the names of Investors and Sellers, may be the trademarks of their respective owners.
Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of the DFWBuyMyHouse or the applicable Mark holder specific for each such use. The Marks may not be used to disparage DFWBuyMyHouse, the Investors or Sellers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by DFWBuyMyHouse in writing.
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. DFWBuyMyHouse owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of DFWBuyMyHouse and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
As a condition of use of the Websites and/or DFWBuyMyHouse’s Services, you agree to indemnify DFWBuyMyHouse from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms for which you bear responsibility; except you acknowledge that, for certain Terms violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms violations, you agree to pay liquidated damages as may be provided for in these Terms. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these Terms are and will be cumulative.
You acknowledge and agree that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
Links to Third Party Websites
The website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. DFWBuyMyHouse does not operate or control in any respect any information, software, products or services available on such websites. DFWBuyMyHouse’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the websites please note that DFWBuyMyHouse is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
Errors and Delays
DFWBUYMYHOUSE IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING TO A REQUEST OR REFERRAL FORM CAUSED BY, INCLUDING BUT NOT LIMITED TO, AN INCORRECT EMAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DFWBUYMYHOUSE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using DFWBuyMyHouse’s goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and DFWBuyMyHouse, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by DFWBuyMyHouse) constitutes the entire agreement between you and DFWBuyMyHouse and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and DFWBuyMyHouse with respect to the Website and information, software, products and services associated with it.
This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.