Effective on: 5/8/2018
1. Contract between You and Us.
2. Our Content.
You agree that the content and technology on this Site, including, but not limited to, textual, statistical, financial, photographic, video and audio components as well as the selection and arrangement of this information, is exclusively owned or controlled by Circa Real Estate and/or its licensors, and is protected by United States copyright and intellectual property laws. You acknowledge that the use of our content will be restricted to your own personal, non-commercial use. You shall not reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any of our content from this Site. You agree to comply with any additional use restrictions which may be posted by Circa Real Estate at any time regarding our content provided on this Site.
3. Your Content.
You alone are responsible for the content you create (and do not receive from us) such as your blogs, ratings, comments, reviews, articles, audio, video, photos or other forms of communication that you submit or transmit through the Site (“your content”). You retain your rights to your content, though we may use your content in a number of different ways, including reformatting it, publicly displaying it, incorporating it into advertising and other works, creating derivative works from it and allowing other third parties to use it as distributed to them by us. You hereby irrevocably grant to us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable right to use your content. You represent and warrant to us that your content is not in violation of any laws, including, but not limited to, patent, privacy, copyright, trademark or other common laws, statutes or contractual rights. You agree to pay all royalties, fees, fines or any other monies owed to any person or entity as a result of your content submitted or posted on the Site. You agree that your content will not be unlawful, threatening, abusive, pornographic, harassing, violent, invasive, in violation of copyright, trademark, patent, trade secret or other rights, false, misleading, defamatory, tortious or discriminatory. You are solely responsible for the completeness and accuracy of your content, and you waive any claim that your content violates any of your rights to privacy. You also agree not to submit content and use this Site in a commercial manner such as advertising or promoting your services without a separate written agreement. We reserve the right, but have no obligation or responsibility, to remove or edit your content. We also reserve the right, at our sole discretion, to terminate your account and remove your content from the Site for any reason or no reason, though we reserve the right to store and use your content, even after termination, as previously expressed herein.
4. External Links.
5. Use Limitations and Enforcement.
You may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our content in this manner may be subject to prosecution. By using this Site you warrant to Circa Real Estate that you will not use this Site or the content available through it for any unlawful purpose, tortious conduct or any prohibited use. If we determine, in our sole discretion, that you are in violation of the Agreement, then we will automatically terminate your right to access or use this Site. In the event of termination, you will still be bound by the Agreement.
6. LIABILITY AND DAMAGES LIMITATIONS.
YOU USE THIS SITE AND ITS INFORMATION AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE LIABLE TO YOU AND YOU HEREBY RELEASE US FROM LIABILITY OF ANY KIND AND FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, OR CAUSED TO YOU FROM ANY CONTENT OR INFORMATION OBTAINED THROUGH THIS SITE, MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS IN CELLULAR, WIFI OR INTERNET CONNECTION TO THIS SITE, VIRUSES, FAILURES OF PERFORMANCE WHETHER CAUSED IN WHOLE OR PART BY OUR CONDUCT OR BY OUR NEGLIGENCE, ACTS OF GOD, CELLULAR, WIFI OR INTERNET FAILURE, THEFT OR UNAUTHORIZED ACCESS TO THIS SITE OR YOUR ACCOUNT (OR RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.
7. WARRANTY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT AND INFORMATION AVAILABLE THROUGH THIS SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT AND INFORMATION AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE AND THE INFORMATION AVAILABLE THROUGH THIS SITE ARE ALWAYS SUBJECT TO CHANGE.
YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING BUT NOT LIMITED TO OUR ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, ARISING OUT OF YOUR (OR ANY USER OF YOUR PASSWORD): 1) BREACH OF THE AGREEMENT; 2) USE OF CIRCA SERVICES OR INFORMATION ON THIS SITE; 3) CONDUCT TOWARDS A THIRD PARTY; OR 4) CONTENT ON THIS SITE.
9. No Personal or Legal Advice.
The information contained in or made available by this Site does not and is not intended to convey any form of advice to you regarding the sale or purchase of real property. Further, you are not relying on this Site for advice. The information herein cannot replace or be a substitute for the advice of a professional such as a Realtor® or a lawyer with respect to your understanding and use of the information available through this Site.
10. Changes to Site or Agreement.
Circa Real Estate may make changes or improvements to the information, services, content or other materials on the Site at any time without notice. Circa Real Estate has the exclusive right to make modifications to the terms in this Agreement. Any modifications to the terms will become effective once posted on the Site.
11. Choice of Law, Jurisdiction and Venue.
This Agreement will be governed by laws of the State of Texas without regard to principles of conflicts of laws. You agree that the federal or state district courts in Harris County, Texas shall have exclusive jurisdiction and venue over you and for any action at law or in equity that arises out of or relates to the Agreement or this Site. Further, you waive any objection to such jurisdiction and venue.
12. Business Dealings.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Circa Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings related to this Agreement.
14. Entire Agreement.
This Agreement contains the entirety of the agreement between you and Circa Real Estate for the access to or the use of this Site, and cannot be orally modified by you or us. This Agreement can be modified only by our posting of changes to it on this Site.
15. Copyright Notice.
It is expected that this Site will comply with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on the Site, then please provide notice with the following information to the designated copyright agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Designated Agent
Cody Elizabeth Half-Moon White
Circa Real Estate, LLC
350 W 19th Street, Suite D
Houston, Texas 77008
We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.
18. Copyright Counter-Notice.
If you believe that your content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the district where you live, or in the Southern District of Texas if you live outside the United States, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Upon receipt of your counter-notification, we may or may not, at our sole discretion, replace or re-enable access to your content at issue.