PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JANUARY 1, 2024.
ACCEPTANCE OF TERMS The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Picket Fence Realty, Inc, also known as PFR, located at 710 W. Main, Palestine, TX 75801 and our subsidiaries and affiliates, in association with the use of the company’s website, which includes buypalestine.com and rentpalestine.com (the “Sites”) and its Services, which shall be defined below.
DESCRIPTION OF SERVICES The Site is a service website which has the following description: Real Estate Services, including but not limited to: Real Estate Brokerage, Residential and Commercial Real Estate Services, including leasing and sales and general information. Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. The user acknowledges and agrees that the Services provided and made available through our website and applications, including our social media networking profiles are the sole property of Picket Fence Realty Inc. At its discretion, Picket Fence Realty may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Picket Fence Realty Inc does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Picket Fence Realty Inc shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Picket Fence Realty shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Our website addresses are: https://buypalestine.com and http://www.rentpalestine.com
MODIFICATIONS Picket Fence Realty Inc shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ACCOUNTS You may register, maintain, and create an Account for the Service. You are responsible and liable for all activities conducted in connection with your Account, for maintaining the security of your username and password, and for the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You may only connect to the Service through your Account and in accordance with our access procedures. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Service-related notices and advertisements. You must be eighteen (18) years of age or older to use the Service.
COMMERCIAL REUSE OF SERVICES The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Picket Fence Realty, Inc sites.
COMPLIANCE We do not provide compliance services.You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third-party agreements. You are solely responsible for ensuring compliance with such obligations.
COOKIES If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
EMBEDDED CONTENT FROM OTHER WEBSITES Articles and pages on this site may include embedded content (e.g. videos, images, maps, articles, MLS listings from our company and local MLS subscribers etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. Please review the terms of use or privacy policies of these services/content sources for rights and restrictions.
LINKS Picket Fence Realty Inc or third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Picket Fence Realty Inc shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement. PLEASE ALSO VISIT THIRD PARTY WEBSITES TO REVIEW THEIR TERMS OF USE. ADDITIONALLY, THERE MAY BE LINKS TO THIRD PARTY SITES WHICH ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
NOTICE Picket Fence Realty Inc may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
NO WARRANTIES THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICE HEREUNDER IS AT YOUR SOLE RISK. THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AFFILIATED ENTITY, INCLUDING US DO NOT WARRANT THAT ANY PORTION OF THE SERVICE, CONTENT THEREIN OR MLS FEED IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU; THAT ANY PORTION OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIALITY INFORMATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK. NEITHER US NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER US NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM PICKET FENCE REALTY, INC OR BY WAY OF OR FROM OUR SERVICES OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY You explicitly acknowledge, understand and agree that Picket Fence Realty, Inc and our affiliates, officers, employees, agents, and partners shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from: The use or inability to use our service; The cost of procuring substitute goods and services; Unauthorized access to or the alteration of your transmissions and/or data; Statements or conduct of any such third party on our service; And any other matter which may be related to our service.
INDEMNITY All users herein agree to insure and hold Picket Fence Realty, Inc, our affiliates, agents, employees, officers or partners blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of our website or services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and Picket Fence Realty Inc and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Services. You may also be subject to additional terms and conditions that may apply when you use or purchase or use certain other Picket Fence Realty Inc Services, affiliate Services, links, third-party content or third-party software.
CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Picket Fence Realty, Inc with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Picket Fence Realty, Inc, shall be filed within the courts having jurisdiction within the County of ANDERSON, TEXAS or the U.S. District Court located in said state. You and Picket Fence Realty, Inc agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS At any time, should Picket Fence Realty Inc fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 30 days after said claim or cause of action arose or shall be forever barred.
VIOLATIONS Please report any and all violations of this TOS to Picket Fence Realty as follows: Picket Fence Realty, 710 W. Main, Palestine, TX 75801.