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Policies
myTXhomeforsale.com provides this web site and the services offered on
it (collectively, the “Services”) under the following terms and
conditions (the “Terms”). Please read them carefully. You understand,
agree and acknowledge that your use and the Services provided to you
are exclusively governed by these Terms which cannot be modified by
you. By using the Services, you agree that you have read and
understand the Terms and that you agree to be bound by them. As used
on this Web site, the terms “we”, “us”, or “our” refer to
myTXhomeforsale.com. “You” refers to all users of the web site.
“Sellers” and "Builders" refers to users who list their properties for sale on the
web site.
1. ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS myTXhomeforsale.com
may change the Terms from time to time without prior notification to
you. Each time you access the web site you will be governed by the
Terms then in effect. All of such changes will be posted on the
myTXhomeforsale.com home page. If you object to any such changes, your
sole recourse shall be to cease using the Services.
2. MODIFICATIONS TO THE SERVICES We reserve the right to modify or
discontinue the Services (or any part thereof) with or without notice
to you. We shall not be liable to you or any third party if we
exercise our right to modify or discontinue the Services. If you
object to any such changes, your sole recourse shall be to cease using
the Services. Continued use of the Services following notice of any
such changes shall indicate your acknowledgement of such changes and
satisfaction with the Services as so modified.
3. PRIVACY As part of the registration process, Sellers will be asked
to provide certain personal information to us. You consent that
myTXhomeforsale.com may access, preserve, and disclose your account
information if required to do so by law or to protect the rights,
property, or personal
safety of myTXhomeforsale.com, its users and the public. All uses of
such personal information will be in accordance with the provisions of
our Privacy Policy.
4. YOUR SECURITY AND RESPONSIBILITY Sellers will be assigned
individual listing numbers and passwords. You are responsible for
maintaining the confidentiality of your listing number and password
and you are solely responsible for all activities that occur under
your listing number and password. You agree to immediately notify us
of any unauthorized use of your listing number and password or any
other breach of security related to the Services. WE CANNOT AND WILL
NOT BE LIABLE FOR ANY LOSS, DAMAGE OR LIABILITY ARISING FROM YOUR
FAILURE TO ADEQUATELY SAFEGUARD YOUR LISTING NUMBER AND/OR PASSWORD,
OR TO OTHERWISE COMPLY WITH THIS SECTION.
5. YOUR RESPONSIBILITIES In providing us with information during the
registration process, you agree to provide true, accurate, current and
complete information as prompted and to maintain and update such
information to keep it true, accurate, current and complete at all
times. If any information you provide is untrue, inaccurate, not
current or incomplete, or if we reasonably believe so, we may suspend
or terminate your access to and use of the Services, and refuse to
provide any current or future Services to you. You acknowledge that
you are over 18 years of age or otherwise are of legal age to form a
binding contract. You are responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access
to and use of the Services and all charges related thereto. You are
solely responsible for all acts or omissions that occur under your
listing number or password, including the accuracy and completeness of
all content that you (or anyone using your account) submit, post or
transmit through the Services.
You agree not to use the Services to do any of the following:
5.1.1. violate any local, state, national or international law;
5.1.2. stalk, harass or harm another individual or communicate with
such individual after being advised to cease any such communications;
5.1.3. collect, harvest or store personal data about other users
including email addresses or contact Sellers for any purpose other
than responding to the content posted by such Sellers;
5.1.4. impersonate any person or entity, or otherwise misrepresent
your affiliation with a person or entity;
5.1.5. interfere with or disrupt the Services or servers or networks
connected to the myTXhomeforsale.com Web site or the other Services,
or disobey any requirements, procedures, policies or regulations of
networks connected to the myTXhomeforsale.com web site; and
5.1.6. upload, submit, post, store or transmit any (a) content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, racist, sexist, homophobic, or ethnically or otherwise
objectionable; (b) content that
you do not have a right to transmit under any law or under contractual
or fiduciary relationships; (c) content that infringes the
intellectual property rights of a third party; or (d) material that
contains software viruses or any other computer code, files or
programs, for example, worms, Trojan horses, cancelbots, time bombs
and the like, designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; (d) unsolicited advertising material,
notices or “spam”, “junk mail”, pyramid schemes, chain letters or the
like; (e) surveys that have not been approved or cleared by us; or (f)
contests or games of chance.
6. YOUR RESPONSIBILITIES IN REGARD TO PROPERTY LISTINGS (if
applicable):
6.1 Any Seller who registers for the Package will be billed a
one-time flat fee of $50, which entitles the Seller to maintain the
property listing until sold or one year, which ever comes first. See
our guarantee. The Seller will receive two directional signs and a
yard sign with stand. Such price includes delivery and installation
of the signs within a 50 mile radius of any Abilene, TX. city limit
sign. Delivery charges will be charged outside this limit. You may
save the delivery charges by picking up your signs at 5 Verbena,
Abilene TX 79606. The Seller is
responsible for notifying myTXhomeforsale.com of the sale of the
property and to remove the listing from the web site.
myTXhomeforsale.com may charge the Seller a surcharge not to exceed
$50.00 for failure to return the yard sign, or make the sign available
for return, or to properly remove the listing after the Property is
sold.
6.2 Any Builder who registers for the Builder Package will be billed a
one-time flat fee of $99, which entitles the Builder to maintain listings
of any number of homes for six months with 13 color pictures. Use
all 13 pictures on one house or 13 different houses, your choice.
The Builder will also receive six directional signs and three yard signs
with stands. More signs are available as needed for a $20 deposit
per sign package that consists of one yard and two directional
signs. Delivery of the signs is included, within a 50 mile radius of
any Abilene TX. city limit sign.
7. THIRD PARTY CONTENT AND MONITORING We are a distributor (and not a
publisher) of Content supplied by third parties and users of the
Services. Accordingly, we have no editorial control over such Content.
Any opinions, advice, statements, services, offers, or other
information or Content expressed or made available by third parties,
including information provided by other users of the Services, are
those of the respective author(s) or distributor(s) of that
information and not of myTXhomeforsale.com. We neither endorse nor are
responsible for the accuracy or reliability of any opinion, advice,
information, or statement made on the myTXhomeforsale.com Web site by
such parties. By posting, inputting or otherwise submitting
information to our web site, you are representing you are the rightful
owner of such information and are granting us the right, license and
privilege to use such information or data in any way we deem
appropriate. We have the right, but not the obligation, to monitor and
review the Content on the myTXhomeforsale.com Web site and provided
through use of the Services and your account to determine compliance
with these Terms and any other operating rules established by us, to
satisfy any law, regulation or authorized government request, or for
other purposes. You understand and acknowledge that we do not
pre-screen or monitor Content for accuracy or reliability, but that
our designees and we shall have the right (but not the obligation) in
our sole discretion to remove any Content from the Services, without
liability to you for any reason. Without limiting the foregoing, our
designees and we shall have the right to remove any Content that
violates the Terms, that we believe may create liability for us, or
that we deem otherwise objectionable.
8. DEALINGS WITH PARTNERS AND ADVERTISERS Your correspondence or
business dealings with, participation in promotions of, or purchase of
goods and/or services from our partners, advertisers or sponsors found
on or through the Services, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT
myTXhomeforsale.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS
THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR
SPONSORS ON OR THROUGH THE SERVICES.
9. EXTERNAL LINKS Our provision of a link to any other Web site or
location is for your convenience and does not signify our endorsement
of such other Web site or location or its contents. Any concerns you
may have regarding any external link should be directed to that link’s
Web site administrator or webmaster. myTXhomeforsale.com SHALL NOT BE
LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB
SITE, INTERNET LOCATION, OR SOURCE OF
INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
10. USE AND STORAGE You acknowledge and agree that we may establish
general practices and limits concerning use of the Services,
including, without limitation, the maximum number of days that
information, data, account history or other uploaded Content will be
retained by the Services and the maximum number of times (and the
maximum duration for which) you may access the Services in a given
period of time.
11. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion of
the Services, use of the Services or access to the Services. The
Services are provided for your personal, noncommercial use only.
12. TERMINATION You agree that we, in our sole discretion, may
terminate your password, account (or any part thereof) or access to
and use of the Services, and remove and discard any information posted
by you on or through the Services, for any reason or no reason, with
or without notice and
effective immediately, including, without limitation, if we believe
that you have violated or acted inconsistently with
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