DISCLAIMER TO HOMEOWNERS, SELLERS AND BUYERS: BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT SELL IT YOURSELF, LLC (“THE COMPANY”) IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT, BROKER OR PROPERTY MANAGER (IF YOU REQUEST AND SIGN A SELLER/BUYER AGREEMENT WITH OUR AGENT, THE AGENT REPRESENTS YOU, NOT THE COMPANY). ALSO, BY USING OUR SERVICES, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS OR OTHER THIRD PARTIES. THE COMPANY IS NOT RESPONSIBLE FOR ACTIONS OF OTHER AGENTS, BROKERS, OR VENDORS.
Sell It Yourself LLC, doing business as Sellityourselftexas.com, (further referred to as “we”, “us”, “the website”, “website”, “Sellityourselftexas.com” and “our”). These Terms of Use should be read carefully before using our Website. These Terms of Use govern your use of the Sellityourselftexas.com website, our mobile application and any services available. By using the service, you agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here, without any exceptions. In addition, you agree that your signatures are not required on behalf of either yourself or us in order for you to be bound by these terms. If you do not agree to these Terms of Use, you should immediately cease all usage of our services. If we believe you have violated any of these terms or acted outside the spirit of the terms, you hereby agree that your account may be terminated without notice and/or any content that you have posted may be deleted.
By “Services,” we mean all the products and services owned and operated by Sellityourselftexas.com, including the content, features, data, and software made available through www.sellityourselftexas.com (the “Web Site”), our mobile applications, and other websites or applications we operate.
Sellityourselftexas.com is not a licensed attorney and any information acquired from the website is not to be considered real estate or legal advice from our website. All information and guidance found on the website comes without guarantee of accuracy.
Sellityourselftexas.com may amend these Terms at any time by posting a revised version of our Terms on our Site or App with their effective date. Users shall update themselves with changes periodically as the continued use of the service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
Copyrights, Trademarks and Other Intellectual Property
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of Sellityourselftexas.com (collectively, our “Content”).
You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
Other Restrictions
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
Registration
To access and use Services on our website, you may be required to register with our Service and provide your personal information. You agree that if you register on our Service, you will provide accurate registration information and you will keep your registration information up-to-date. You shall be responsible for maintaining the confidentiality of your login details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data. If any charges arise from the unauthorized usage of your account, you agree to pay all charges associated with the unauthorized usage of your account, and you authorize Sellityourselftexas.com to bill those charges to your credit card or other financial account.
You agree that your account may be terminated by us if it remains inactive for a period of one (1) year or longer.
You must be of legal age to enter a binding legal contract to use our Service. You may not use the Service If you are under the age of 18 or are otherwise prohibited by law from using our Site. We reserve the right to refuse to provide service to anyone for any reason without liability. Furthermore, we reserve the right to terminate user accounts for any violation of these Terms.
YOU AGREE TO ONLY LIST, MARKET, AND/OR TRANSACT ON SELLITYOURSELFTEXAS.com PROPERTIES WHERE YOU ARE THE SOLE OWNER OR HAVE THE EXPRESS WRITTEN CONSENT OF THE CO-OWNERS TO ACT ON THEIR BEHALF.
Prices and Availability
All prices are subject to change at any time and are dependent upon the discounts or specials in effect at any given time. Certain products may not be available in all areas.
Cancelation/Return Policy
Once a service has been initiated or a product has been sent, you will not be able to cancel that service or return the item. Contact us or third-party vendor immediately if you wish to cancel an ordered service or product that not yet been delivered. If we verify an order may be cancelled or reversed, we will issue a refund.
User Content and User Conduct
In providing any content that is to be displayed on Sellityourselftexas.com you warranty that:
- You have all rights to the content provided;
- The information provided is accurate, up to date, and complete;
- If the content is a property listing, you are the owner of the property or have the expressed written consent of the property owner to take such actions through a valid Power of Attorney
- The content does not violate these Terms and Conditions of Use;
- The content will not cause injury to any party;
- You are not infringing on any intellectual property rights of any third-party.
It is particularly important that you have own the rights to photos, virtual tours, or other similar media that is uploaded to Sellityourselftexas.com. Any media which was generated by a previous real estate agent or other party in the selling of your home must be released to you by that party. You agree to pay any fines associated with your use of content that you do not own the rights to use.
Any content uploaded, posted, submitted, or otherwise made available by individual users of our Service, including property details, photographs and descriptions, is the sole responsibility of the person who made such user content available on the Site or MLS. Under no circumstances will Sellityourselftexas.com be liable in any way for any user content made available through our service. Sellityourselftexas.com do not pre-screen or review the user content posted on our site, we will not warrant or guarantee the truthfulness, integrity, suitability or quality of that user content. We have no responsibility for any user content, including without limitation any errors or omissions therein. Sellityourselftexas.com is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on our service, whether Sellityourselftexas.com, individual users of our service or our third party contractors.
Sellityourselftexas.com Listing Information
You may submit your property to list it on Sellityourselftexas.com for free through the website. It is your responsibility to notify us for changes to keep all information and photos current and to update us to remove the listing when it is no longer for sale. We may periodically email customers to validate that their listing is still active. Failure to respond to these emails may result in deletion of the listing from Sellityourselftexas.com. By submitting your property on Sellityourselftexas.com, you agree to place the listing, property details, your contact information and photos contained within, to the full view of public. You also agree that we may use your listing in the promotion of Sellityourselftexas.com to the public.
MLS Service Information
Sellityourselftexas.com provides you an opportunity to list your property on the local MLS for a flat fee. All customers who submit their property details and purchase the MLS Listing services on our website agree to our Terms of Use. Agreeing to our Terms of Use will authorize us to submit and publish your listing to MLS. Customers are responsible for providing the necessary information required by applicable MLS service to make the listing complete and viewable. You must notify us within 1 business day after closing their sale. As a very important procedure of the listing process, we are required to immediately update the listing on the MLS within 1 business day of home closing. If our agent incurs any fines due to a delay in communicating the closing of your property, fines assessed by MLS shall be passed on to you.
If you request the cancellation of your listing from the MLS and later decide to re-list the property on the MLS through Sellityourselftexas.com, you may be required to purchase new MLS listing service. All requested MLS listing changes must be submitted by emailing the “Change/Cancel Form” to hello@sellityourselftexas.com. If your property is currently listed with a licensed real estate broker, this service is not to be considered a solicitation for listing. MLS service may be subject to additional restrictions for various reasons including, but not limited to, changes in laws or changes in regulations.
Disclaimers
We do not sell customer information to any third party and will only refer you to a third party at your request. Sellityourselftexas.com makes no claims as to accuracy, legality, or quality of any of the products offered by these third party vendors, websites or business. Sellityourselftexas.com is not liable in any way for the products offered by these third party websites or businesses. If you have requested that we send your information to a third-party or referral partner, we may collect a referral fee from that third-party or referral partner (if allowable by law).
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SELLITYOURSLEFTEXAS.COM, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
You acknowledge and agree that Sellityourselftexas.com is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
Indemnification
You agree to indemnify, defend, and hold harmless Sellityourself.com, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Sellityourselftexas.com . We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Third Parties
Sellityourselftexas.com facilitates and coordinates with third-party vendors on services and orders purchased through our website directly (such as photography, inspection, appraisal and etc.). However, we do not endorse or warrant any other party or the services they provide.
Orders or services customer purchased outside of our website with parties other than Sellityourselftexas.com are completely and without exception between the customer and that third party. Sellityourselftexas.com is not involved whatsoever in any transaction or discussions customer has with the third parties in question. Communications and issues regarding purchases through third parties are to be resolved with that third party and should not be referred to Sellityourselftexas.com as we have no part in that transaction. Sellityourselftexas.com has no liability related to the purchase of any services or products from third parties refereed through Sellityourselftexas.com, nor are we responsible for any loss or damage caused by your release of information to a third party. We encourage our users to review the terms of use and privacy policies of third-parties’ websites.
Property Syndication to Third-Party Websites
When your listing goes alive on the MLS, it automatically syndicates on third party websites like Realtor.com, Zillow and many others. These sites are owned by companies that are in business to sell leads to agents. We do not guarantee your property will be listing on websites other than Sellityourselftexas.com and do not guarantee content or number of photos on these sites. We ONLY guarantee your home will be listed on the MLS, and the only control we have over content is through the MLS.
Legal Documentation and Assistance
Sellityourselftexas.com does not guarantee the accuracy or legality of input provided by customers on any transaction documentation obtained through Sellityourselftexas.com. Sellityourselftexas.com is not licensed to provide legal services of any sort and cannot answer any questions regarding legally binding transactions. An attorney-client relationship is not created through the use of Sellityourselftexas.com. If you need legal advice, consult an appropriate professional to verify the specific terms of your contract are legally binding. The use of real estate forms provided by or through Sellityourselftexas.com is at your own risk.
Sellityourselftexas.com does not store any documentation for any user on the website. If you wish to obtain a copy of any document or contract you have signed, you must download that document to your computer.
Electronic Signature
Sellityourselftexas.com use DocuSign for your electronic signatures. By entering your password to sign any document you explicitly agree to use and accept electronic signatures for any transaction or document created through Sellityourselftexas.com. You agree not to share your password or enter the password to any other seller to sign on their behalf. Signing on behalf of any other person may constitute real estate fraud and is illegal.
Broker-Client Relationship
A broker-client relationship is not created through the use of Sellityourselftexas.com. If you need real estate advice, consult an appropriate professional. In addition, Sellityourselftexas.com provides services that require a brokerage license. We do not present any party in real estate transactions UNLESS customer request and sign Exclusive Right to Sell/Buy Agreement with our agent.
Ownership of Feedback
We welcome comments or suggestions regarding our Service. The following policy applies to all third party submissions to Sellityourselftexas.com of ideas, comments, suggestions, proposals or materials: All submissions shall be considered non-confidential and non-proprietary; We will have no obligation concerning the submission, contractual or otherwise; We will not be liable for any use or disclosure of any submission; Sellityourselftexas.com shall be entitled to unrestricted use of the submission for any purpose whatsoever without compensation to the submitting person.
Limitation of Liability
In no event shall Sellityourselftexas.com be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.
You agree that neither Sellityourselftexas.com, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that Sellityourselftexas.com is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
Governing Law
The laws of the State of Texas govern these Terms and Conditions of Use and they are to be construed in accordance with Texas law without regard to its conflicts with this document. Any dispute arising under or in connection with these terms and conditions or related to any matter which is the subject of these terms and conditions shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Houston, Texas.
Termination of Use
Your use of Sellityourselftexas.com constitutes your acknowledgment and agreement that your account may be suspended or deleted all together for any reason and at any time. The deletion or suspension of your account may occur at the discretion of Sellityourselftexas.com for reasons which include, but are not limited to, the following: posting of material which is deemed offensive or inappropriate, posting of material which you do not own the rights to use, excessive use of server processing capability, providing incomplete or inaccurate information to Sellityourselftexas.com, and failure to respond to any inquiry from Sellityourselftexas.com.
Contact Us
Any feedback, comments, requests for technical support, and other communications should be directed to customer service at 1-832-880-5184. Hours of operation are from 9:00 am to 5:00 pm, Central Time, Monday through Friday, excluding holidays.
Sellityourselftexas.com
Phone: 1-832-880-5184
Email: hello@ Sellityourselftexas.com
