The website TexasFSBO.com is owned and operated by My Castle FSBO, Inc. (“Company”). The Company is primarily an Internet advertising service for real estate offered "for sale by owner". The Company is not a licensed real estate broker. The Company is not a member of any multiple listing service (MLS) and does not list real estate on any MLS. TexasFSBO.com makes the following available to buyers and sellers of residential real estate and related service providers: (a) for-sale and lease property listings; (b) advertising of for-sale property listings and related service providers; (c) seller’s option to list their property with My Castle Realty (A Texas Real Estate Broker); (d) In the event My Castle Realty does not provide coverage to an MLS area, a third party Brokerage will be assigned the listing. TexasFSBO does not warrant or guarantee any third party entities (e) ‘for sale by owner’ products; (f) information pertaining to related service providers (including but not limited to legal, mortgages, valuations, moving, and ‘Contract to Closing’); (g) sample contracts, hyperlinks to industry websites, general advice for buyers and sellers, industry news, answers to frequently-asked questions; and (h) any other services or products made available on TexasFSBO.com. References in this Agreement to the “Site” shall mean TexasFSBO.com, including but not limited to all web pages appearing on the TexasFSBO.com internet domain, and all services and products made available on TexasFSBO.com, including but not limited to the services and products identified in this Section 1. References in this Agreement to “TexasFSBO.com” shall mean any and all web pages or other content or information appearing on the TexasFSBO.com internet domain or computer servers owned or utilized by the Company.
FEES, REFUNDS AND CANCELLATION
All charges shall be at the then-advertised price for the service(s) selected and must be paid by direct charge to a credit card. You hereby authorize Company to charge such credit card to pay for any charges that you may incur in the future as they accrue. You must notify Company of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information relating to the Company’s ability to charge your account. Once your property listing is posted on TexasFSBO.com, you agree that all sales are final, and there are no credits or
refunds whatsoever. You may alter or remove your property listing from TexasFSBO.com at anytime. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessments, other than taxes based on Company’s net income
DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, notwithstanding the conflict of law’s provisions of any state. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Harris, Texas for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters), (ii) agree not to commence any litigation arising out of or relating to this Agreement or t 2. DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, notwithstanding the conflict of law’s provisions of any state. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Harris, Texas for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters), (ii) agree not to commence any litigation arising out of or relating to this Agreement or the Company’s performance or nonperformance hereunder except in the Texas Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Texas Courts represent the exclusive jurisdiction for all disputes arising out of or relating to this Agreement, or either parties’ performance or nonperformance thereunder. Disputes arising out of or relating to this Agreement shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on TexasFSBO.com. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the
Agreement, or the Company’s performance or nonperformance under the
Agreement, must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
NO BROKERAGE SERVICES
You understand and agree that except as expressly provided for otherwise by the Site, the Company (TexasFSBO.com) does not offer or provide any advice or assistance in connection with the sale, purchase or leasing of real estate, including but not limited to real estate brokerage services. You understand and agree that all real estate brokerage commissions are negotiable and that the Company does not set commission rates or provide any advice relating to commissions.
FLAT FEE MLS SERVICE
Upon your selection of the MLS package, the Company transmits the information submitted by you to My Castle Realty, Inc, a licensed real estate broker in Texas. In the event My Castle Realty does not provide coverage to an MLS area, a third-party Brokerage will be assigned the listing. TexasFSBO does not warrant or guarantee any third-party entities. Thereafter the Company is not involved whatsoever in connection with your property listing or any multiple listing service. In addition to the flat fee quoted on TexasFSBO.com, you may be responsible to pay a real estate commission in the event your buyer is represented by a broker. This is based on the terms of your listing agreement with said Broker. There are no refunds for this service. By purchasing the MLS package, you understand that a licensed agent provided by My Castle Realty is required to place your home on the MLS. TexasFSBO.com cannot control what information from the MLS the public sites like Zillow and Realtor.com choose to display nor how potential buyer leads are handled. Before entering into a written listing agreement with a licensed real estate broker, you should inquire about the multiple listing service(s) encompassing your property, what, if any, websites your listing will appear on (e.g., realtor.com), and whether there are any additional fees charged (e.g., for alterations to the listing). Listing in an MLS is not a guarantee that your property will be purchased - it is only an advertisement that your property is for sale and typically lasts for 6-12 months. Once listed on an MLS, your property is no longer considered
strictly "For Sale by Owner" and we are unable to offer refunds as the service paid for has been provided.
USER SUBMITTED INFORMATION.
You are solely responsible for the contents of your submissions or messages intended for the Company or third parties, made to or sent from TexasFSBO.com or otherwise, and same shall be treated as non-confidential and non-proprietary unless expressly stated otherwise. You grant to the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable right, in any media now know or currently known, to exercise all copyright and other intellectual property rights with respect to such submissions or messages. You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites, reproduced, used, sublicensed, posted, or published by the Company, and searched, displayed, printed or otherwise used or exploited by Company’s customers, in accordance with the Privacy Policy posted on TexasFSBO.com. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You warrant that you own and are authorized to offer for sale and to sell any property you submit to the Site for listing. You represent and warrant to the Company that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.
WEBSITE CONTENT
All content on this website was created by TexasFSBO and is copyright protected. All images displayed on our website have either been created for us, are free for commercial use, or have been purchased in accordance with federal copyright laws and are licensed for commercial use. If you believe an image of yours was used on our website without permission, please Contact Us with the details and we’ll promptly resolve it.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TEXAS FSBO, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
MISCELLANEOUS
We are not responsible for your actions or omissions, and you will defend, indemnify and hold us and our affiliates harmless from and against any and all claims, liabilities, damages and actions arising from any of your acts or omissions, whether in connection with this agreement or otherwise. This agreement is the entire agreement between us and merges all prior and contemporaneous communications. If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that you are not relying on any representations not expressly contained in this Agreement. If we employ attorneys to enforce any rights arising out of or relating to this agreement, we shall be entitled to recover attorney fees and costs. This agreement is binding on you when you have typed your name as indicated and submitted your order to us. The listing contract may only be amended by a writing signed by both parties. No waiver of any provision of this agreement constitutes a waiver of any prior, concurrent or subsequent provision hereof. For purposes of this agreement, the term “affiliates”
includes Our Broker Partners or any entities that control, are controlled by or are under common control with our website
