Curry Real Estate Holdings, LLC TERMS OF USE

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(Last updated October 28, 2016)

Welcome to Curry Real Estate Holdings, LLC’s website (“Website”). We at Curry Real Estate Holdings, LLC d/b/a Collin County Homes (“Company”) appreciate you visiting the Website.

Please read these Terms of Use (“Terms”) carefully. They contain the legal terms and conditions that form a legally binding contract between you and the Company and govern your use of and access to the text, data, information, software, graphics, photographs, and other content on the Website (“Content”), as well as the Company’s provision of products and services. Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.

READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE. USING THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

Access.

When you access the Website, you are responsible for complying with the Terms. Some content will only be available to you if you have an account with the Company. You agree to provide true, accurate, current, and complete information while using the Website. You understand and acknowledge that it is your responsibility to maintain the confidentiality of your password(s). Should you believe that your password or other security information for the Website has been breached in any way, you must immediately notify the Company.

Occasionally, the Company collects certain personal information about you solely in connection with your access and use of the Website. The Company’s use of that information is governed by the provisions of the Company’s Privacy Policy. The Company reserves the right to require that you change your password or restrict your access to the Website as the Company deems reasonably necessary.

The Website is not designed for minors under the age of 18. We do not intentionally gather personal information about visitors who are under the age of 18.

Permitted Uses of The Website.

You are invited to use the Website for your personal and business purposes—provided you are consuming the Company’s products and services for use in your business (“Permitted Uses”).The Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content. Your right to use the Content is conditioned on your compliance with the Terms. You have no other rights in the Website or any Content, unless otherwise granted in a license agreement by and between you and the Company, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Content in any manner.

WHEN YOU SUBMIT AN ONLINE REGISTRATION FOR OUR SERVICES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FAX ABOUT THOSE SERVICES PROVIDED BY THE COMPANY AND ITS AFFILIATES.

Unauthorized Use of the Website, Acceptable Use Policy.

The Company authorizes your limited use of the Website. Any other use of the Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of the Website. All rights in the Website remain the property of the Company. Unauthorized use of the Website may result in violation of various United States and international copyright laws.

Terminating Your Use of the Website.

Compliance.

The Company or you may terminate your use of the Website at any time. Your use of the Website will automatically terminate in the event you breach any of the Terms.

Unless the Company otherwise agrees with you in writing, the Company may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason. You may discontinue your access to and use of the Website at any time. In the event of an automatic termination for breach, you must immediately destroy any downloaded or printed materials (and any copies thereof).

Disclaimers.

THE WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT THE COMPANY DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, THE COMPANY makes no warranty that The Website will meet your requirements or that The Website will be uninterrupted, timely, secure, or error free or that defects in The Website will be corrected. The Company makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from the Company, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “The Company Parties”) shall create any warranty. The Company disclaims all equitable indemnities.

Limitation of Liability.

IN NO EVpany will comply with all laws, governmental and quasi-governmental rules, laws, treaties and regulations (including, but not limited to, Fair Housing Act) governing its actions under this Agreement and as a licensed real estate professional.

Exclusions and limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Company Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company Party’s liability shall be the minimum permitted under such applicable law.

Other Agreements; Software, Services or Access.

The Company may provide products, services or access to the Website under the terms of a separate agreement between you and the Company, such as a license agreement (an “Other Agreement”). The Company’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and the Terms herein shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the Other Agreement will control.

Modification of the Website.

The Company reserves the right to modify, suspend, or discontinue the Website at any time without notice to you. The Company may also revise these Terms from time to time by posting a revised version. YOUR CONTINUED USE OF ANY OF THE CONTENT AFTER THE COMPANY POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING CONTENT OR USING THE COMPANY’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

Intellectual Property Rights.

The Company respects the intellectual property rights of others, and therefore, asks you to do the same. The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to the Website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please let the Company know by contacting us at: info@CollinCountyHomes.com.

Links to Third-Party Websites.

We think links are convenient, and so we have provided links on the Website to third-party websites. If you use these links, you will leave the Website. The Company is not obligated to review any third-party websites that you link to from the Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, the Company does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and you shall be deemed subject to the privacy policies and terms and conditions for those third-party websites; these Terms are not applicable to your use of any such third-party websites.

We allow outside companies to advertise on certain sections of the Website. We select product and service providers that are responsible and afford privacy protections to their customers. These third parties serve their ads from their own web sites, independently of the Company. As such, they may use cookies or request personal information from you, or they may share anonymous information about your visit with third parties. Please be aware that any such third parties would be separate entities from the Company, and that we would not be responsible for the practices employed by websites linked to or from our website, nor the information or content contained in such sites, and we may not be held liable in the event they violate their own or our privacy policy. The Company may receive fees from third party affiliates for marketing services. In the course of serving ads to this site, a third-party advertiser may place or recognize a unique “cookie” on your browser.

Linking to the Website.

You are permitted to create links to the Website from other websites. Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to the Website:

You may link to, but may not copy, any Content;

You shall not create a browser or border environment around any Content;

You shall not imply that the Company endorses or is affiliated with any such website that links to the Website or any products, services, or content available through that website;

You shall not misrepresent your relationship with the Company;

You shall not present false or misleading information about the Company, its products, or its services;

The website that links to the Website shall not contain content that could be construed as distasteful, offensive, or controversial; and

The website that links to the Website shall contain only content that is appropriate for all age groups.

Intellectual Property; Trademarks.

Curry Real Estate Holdings, LLC has rights in its intellectual property, including its unregistered trademarks. You may use the Company trademarks, in text, to refer fairly and accurately to the Company, its products and its services, subject to the guidelines below. You may not use the Company name or trademarks in a manner likely to mislead consumers as to your relationship with the Company, as to the Company’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of the Company trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.

Indemnification.

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defense of such claim.

Electronic Communications.

When you visit the Website or send e-mails to the Company, you are communicating with the Company electronically. We may respond to you by e-mail or by posting notices on the Website. You agree that all such notices and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in the federal and state courts sitting in Collin County, Texas. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.

Severability.

If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

Waiver.

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

Notice.

All notices required to be sent to the Company should be sent via email to info@CollinCountyHomes.com. All notices to you will be sent via email to the email set out in your account.

Fair Housing Statement.

Federal and state fair housing laws were put into effect to create an even playing field for homebuyers in all areas of a real estate transaction. These laws prohibit discrimination based on race, color, religion, sex, disability, familial status, and national origin.

Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.

Fair Housing Act

The Fair Housing Act of 1968 makes fair housing a national policy. It prohibits discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable because of race, color, religion, sex, disability, familial status or national origin.

Americans with Disabilities Act

Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in commercial facilities and places of public accommodation.

Equal Credit Opportunity Act

The Equal Credit Opportunity Act makes it unlawful to discriminate against anyone on a credit application due to race, color, religion, national origin, sex, marital status, age or because all or part of an applicant’s income comes from any public assistance program.

Seller

You should know that as a home seller or landlord you are obligated not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, disability, familial status, or national origin. You may not instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental, because the real estate professional is also obligated not to discriminate. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available or advertise that the property is available only to persons of a certain race, color, religion, sex, disability, familial status, or national origin.

Buyer

You have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, disability, familial status, or national origin.

This includes the right to expect:

Housing in your price range made available to you without discrimination
Equal professional service
The opportunity to consider a broad range of housing choices
No discriminatory limitations on communities or locations of housing
No discrimination in the financing, appraising or insuring of housing
Reasonable accommodations in rules, practices and procedures for persons with disabilities
Non-discriminatory terms and conditions for sale, rental, financing, or insuring of a dwelling
To be free from harassment

Realtor

Agents in a real estate transaction may not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. They also may not follow such instructions from a home seller or landlord.

What To Do if You Feel the Law Has Been Violated

Discrimination complaints about housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD) or by calling HUD’s toll-free numbers, 800-669-9777 or TTY 800 927-9275. Contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm.