Terms of Use

Effective on: 20-Dec-2024

PLEASE CAREFULLY READ THE BELOW TEXASRANCHES.COM TERMS OF USE (“Terms”).

 

Contract between You and TexasRanches.com

Welcome to TexasRanches.com. These Terms govern your access to and use of TexasRanches.com. We provide access to information including, but not limited to, property data, business information and services, events, and advertising, through TexasRanches.com. The services are available to any person or entity conditioned on the acceptance of these Terms. By visiting TexasRanches.com or using these website services through any device, you have agreed with TexasRanches.com to be bound by these Terms (“Agreement”), including any future amendments to the Terms that may be posted through TexasRanches.com. You further acknowledge reviewing and comprehending this Agreement. If you are acting on behalf of a company, organization, or other entity, you represent that you are authorized to enter into this Agreement on their behalf and to be bound by these Terms. You must be 18 years or older to access or use TexasRanches.com. You represent and warrant that you will use TexasRanches.com in compliance with this Agreement and all applicable law.

Content

You are solely responsible for the content you create that is provided to or displayed on TexasRanches.com, including data, photos and other information. If you post, upload, submit or send content to or through TexasRanches.com, you agree, represent and warrant that you are providing accurate information and are not engaging in any deceptive, false or fraudulent conduct, including that you are not misrepresenting your identity or a iliation with any person or entity. You further warrant and represent that you own or have authorization to otherwise control all of the rights to content you submit or display on TexasRanches.com including, but not limited to, the rights to transfer and assign or license any and all interests in such content.

 

You consent, acknowledge and agree that we may use your content in a number of dfferent ways, including using it through TexasRanches.com, reformatting it, displaying it publicly, incorporating it into advertising, creating derivative works from it and allowing other third parties to use it. You agree, represent and warrant that you have the legal right to your content, including content and photos posted in your property listings, that you have the legal right to license such content, and that you do hereby irrevocably grant to us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable license to use such content as we choose in our sole discretion, including but not limited touse, copy, perform, display, and distribute the content, and to prepare derivative works of the content, or incorporate the content into other works, and to grant and authorize sublicenses. You agree, represent and warrant that your content is not in violation of any laws, including, but not limited to, copyright, patent, privacy, trademark or other law, statutes or contractual rights. You agree, represent and warrant that you have the right to post and transmit any content under any applicable law or contractual relationships, and that posting, uploading or transmission of the content does not constitute infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree, represent and warrant that your content does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment.

 

In addition to the indemnity provision in this Agreement, you agree to pay all fees, fines, royalties or other amounts owed to any person or entity as a result of your content submitted to or posted on TexasRanches.com. You acknowledge and agree that your content will not be abusive, harassing, harmful, hateful, illegal, invasive of another’s privacy, obscene, pornographic, threatening, violent, vulgar, unlawful, or threatening. You further acknowledge, represent and warrant that your content does not and will not violate copyright, patent, trade secret, trademark, or any other legal rights. In addition, you agree, represent and warrant that your content is not deceptive, defamatory, discriminatory, false, fraudulent, misleading, or tortious, and that your content does not include hateful, objectionable, discriminatory or illegal content targeting race, color, religion, sex, handicap, familial status, national origin, sexual orientation, gender identity, or fair housing protections.

 

You bear sole responsibility for the accuracy and completeness of your content, and you waive any claim that your content violates any right to privacy. TexasRanches.com reserves the right, but has no obligation or responsibility, to edit, monitor, preserve or remove your content. TexasRanches.com also reserves the right, in its sole discretion, to terminate your account, to remove your content from TexasRanches.com for any reason or no reason at all, and to use and store your content even after termination of your account. 

 

You acknowledge that your use of TexasRanches.com and its content will be restricted to your own personal, non-commercial use. You shall not broadcast, convert, copy, display, license, publish, redistribute, reproduce, retransmit, or sell any website content, nor allow any individual or entity to do so. You agree to comply with any additional use restrictions of TexasRanches.com.

Third-Party Links

TexasRanches.com may display links to third-party websites or advertisers. TexasRanches.com is not responsible or liable for the accuracy or availability of these links, nor the information, services and products, or services provided through these links. TexasRanches.com does not endorse any websites, information, products, or services available through these links, and you acknowledge sole responsibility and assume all risk associated with using these links.

Account

You agree to provide and maintain accurate, current and complete information in your Account profile, including your contact information such as your email address and your mobile phone number. By providing your contact information and using an Account, you consent to being contacted. You consent to TexasRanches.com or third-party services with which we work to use information about you sourced from third-party providers and public information. You agree not to impersonate or misrepresent your a iliation with any person or entity, including using another person’s contact information, account information, name, password or likeness. You bear total responsibility for all activities that occur through your account and password. You retain the right to terminate, control or modify information in your account settings, subject to this Agreement. TexasRanches.com reserves the right to terminate or restrict your account at any time, for any reason, in its sole discretion, with or without notice to you.

Use of TexasRanches.com

By accessing TexasRanches.com, you consent to using TexasRanches.com and its services. You represent to TexasRanches.com that such use by you will be ethical, legal and lawful, conducted in compliance with all applicable law, policies and codes of ethics. You are expressly prohibited from using TexasRanches.com for any discriminatory, anti-competitive or illegal purpose.

Limitation of Liability

YOUR ACCESS AND USE OF TEXASRANCHES.COM, ITS CONTENT AND SERVICES, IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, TEXASRANCHES.COM’S OWN NEGLIGENCE, WILL TEXASRANCHES.COM BE LIABLE TO YOU IN RELATION TO THE WEBSITE’S CONTENT AND THE SERVICES. YOU HEREBY RELEASE TEXASRANCHES.COM FROM LIABILITY FOR ANY ACTUAL, CONSEQUENTIAL, DIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER DAMAGES TO YOU OR YOUR PROPERTY (REAL OR PERSONAL) THAT RESULT FROM: YOUR ACCESS TO OR USE OF OR INABILITY TO USE TEXASRANCHES.COM, WEBSITE CONTENT, DELETIONS OF CONTENT, DELAYS OR INTERRUPTIONS OF TRANSMISSION OF INFORMATION, VIRUSES, OURCONDUCT OR BY OUR NEGLIGENCE, YOUR CONDUCT OR CONDUCT OF THIRD PARTIES OR OTHER USERS, ACTS OF GOD, AND UNAUTHORIZED ACCESS TO TEXASRANCHES.COM OR YOUR ACCOUNT. THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.

Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXASRANCHES.COM, ITS CONTENT AND ITS SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT TEXASRANCHES.COM OR ITS SERVICES 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 TEXASRANCHES.COM. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO TEXASRANCHES.COM AND ALL CONTENT AND INFORMATION AVAILABLE THROUGH TEXASRANCHES.COM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TEXASRANCHES.COM AND THE INFORMATION AVAILABLE THROUGH TEXASRANCHES.COM ARE ALWAYS SUBJECT TO CHANGE.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“INDEMNITEE”) FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, INCURRED BY ANY INDEMNITEE IN RELATION TO YOUR (OR ANY USER OF YOUR ACCOUNT(S)):

1) BREACH OF THE AGREEMENT;

2) USE OF SERVICES;

3) CONDUCT TOWARDS A THIRD PARTY;

4) USE OF THE CONTENT OR YOUR CONTENT; OR

5) ACCESS TO TEXASRANCHES.COM.

Disclaimer of Legal Advice

The information contained in or made available by TexasRanches.com does not and is not intended to convey any form of advice to you regarding the lease, sale or purchase of real property. Further, you acknowledge, represent and warrant that you are not relying on TexasRanches.com for advice. The information on TexasRanches.com cannot replace or substitute the advice of a professional such as a realtor or lawyer who you may wish to engage regarding your understanding and use of information on TexasRanches.com. You acknowledge that TexasRanches.com is not advising or recommending to you any realtor, nor suggesting what terms should be a part of any arrangement between you and any realtor.

Any information you receive or gain access to from a realtor or other third-party through TexasRanches.com is strictly the opinion of those individuals or entities and should be independently verified by you. You acknowledge and agree that any information you receive or view on or from TexasRanches.com, including, but not limited to, information in relation to properties, realtors, businesses, services, events, or any other data related to real property, is for informational purposes only and should be independently verified by you. Accordingly, you acknowledge, represent and warrant that you have not relied upon any information you obtain or gain access to through TexasRanches.com, in any manner, in entering any transaction or making any decision.

Amendments

TexasRanches.com may make changes or improvements to the services or content of TexasRanches.com at any time without notice. Any amendments to the Agreement will immediately become e ective upon posting on TexasRanches.com.

Privacy Notice

By accessing TexasRanches.com and as a part of the Agreement, you are bound by our Privacy Notice. You hereby give full consent to use of information from or about you by TexasRanches.com as provided therein, to the greatest extent permitted by law.

Choice of Law, Jurisdiction and Venue.

This Agreement is 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 Bexar County, Texas shall have mandatory and 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 TexasRanches.com. You waive any objection to jurisdiction and venue, and acknowledge the convenience and suitability of Bexar County as the forum for such litigation.

Disclaimer of Business Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access or use of TexasRanches.com. 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.

Waiver

If any of the terms of this Agreement are determined by a court to have been waived, unlawful, void, or for any reason unenforceable, such a provision will be deemed severed from the remaining provisions of the Agreement and will not a ect the validity or enforceability of the remaining terms in the Agreement.

Entire Agreement

This Agreement contains the entire agreement between you and TexasRanches.com for access and use of TexasRanches.com, and any other agreement between you and TexasRanches.com cannot be modified except in a written agreement signed by both you and an executive of TexasRanches.com. This Agreement can be modified only by our posting of changes to it on TexasRanches.com.

Copyright Notice

It is expected that TexasRanches.com 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 copyright on TexasRanches.com, please immediately provide notice with the following information to copyright@texasranches.com: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringing; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 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 email address at which the complaining party may be found; 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 or its agent; and 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. TexasRanches.com reserves the right, in our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.

Copyright Counter-Notice

If you believe that your content that has been removed from TexasRanches.com 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, you may send a counter-notice containing the following information to copyright@texasranches.com: 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 thatyou consent to the jurisdiction of the federal court in the district where you live, or in the Western 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. Following receipt of your counter-notice, we may or may not, in our sole discretion, restore access to your content at issue.

Termination

TexasRanches.com may suspend your ability to use all or any part of TexasRanches.com or may terminate this Agreement at any time in its sole discretion, without notice or explanation. Any termination of your account, of your website access, or of this Agreement may cause your content to be deleted, though we reserve the right to store and use your content. Obligations on you and rights of TexasRanches.com contained in this Agreement survive any termination of this Agreement to the extent permitted by law.