WWW.TEXASFSBO.COM
DISCLAIMER AND TERMS OF SERVICE AGREEMENT

DISCLAIMER

This website is made available for use by people and companies interested in real estate, to provide an Internet facility through which to facilitate and optimize realty searches and transactions.

This is not intended to be a general public interest facility. If you are not a person/company with a serious interest in this subject, the owner/manager of this site disclaims any duty to consider your rights or interests in any context whatsoever.

If you are a person/company for whom/which this site is intended, you need to remember that site management does not monitor what may be stated here for content or manner of expression. While we would hope that users would conduct their business on this site in a proper fashion, we will not restrict the scope of expression used by anyone. We will, however, remove any link or right of access of any company or person who uses the site in an improper manner, as determined in our sole and absolute discretion.

Statements made on this site are solely the statements of those who make them. Site management will not and does not accept any responsibility or obligation relating to any statements made or actions taken. Although, as you will see in the text of the TOS agreement that you must accept prior to being allowed to use the site for any purpose, we may restrict or prohibit your use for any reason we choose, even if totally arbitrary and unfair, we are not obligated to do so.

Material on this site is not vetted for accuracy or reliability, no matter the source of the material. Even our own statements are not guaranteed to be accurate, complete or reliable. There is always the possibility that factors not taken into account may make any statement inappropriate for application in any given situation. Events can change the context of any statement. If you take any action based upon any experience using this site, you do so entirely at your own risk. It will be extremely important to you to do your own due diligence before taking any action based on any material on this site.

Before you use this site please be advised that a local advertiser, a mortgage and/or a real estate company, may be receiving the information inputted on the account registration forms and on the forms on the following links to contact as a potential home buyer lead: Down Payment Programs/Low Rate Mortgages/Sub Prime Loans/Need Help Finding a Home/Looking for a Deal on New Construction/How Much is Your Home Worth.

My Castle FSBO is not responsible for and makes no guarantee regarding the number of Web Site Users visiting TexasFSBO.com.

Before you divulge any private information to any company or person on this site or linked to this site or that may advertise on this site, you must first make certain that the facility through which you are providing the information is a secure facility. Also, before giving out any such information, you should also take steps to verify that the person or company to whom you are giving the information really is who they say they are.

If you have any concerns about anything that appears on this site, you may address your comments and questions to the following people:

*****

SITE OWNER – My Castle FSBO, Inc., 10560 Northwest Freeway, Houston, Texas 77092. The contact person is Gary Bisha – Info@TexasFSBO.com

SITE MANAGEMENT – The Texas Network, 507 North Sam Houston Fwy, E., Houston, Texas 77060. The contact person is Russell Lambert – www.texasnetwork.com

LEGAL ISSUES – Charles Saron Knobloch, J.D.,P.G.; 1519 Mission Springs Dr.; Katy, Texas 77450 - knoblcs @ omnilaw.com

We respect the intellectual property rights of others, and we ask our users to do the same. We may at our discretion disable and/or terminate the accounts of users who present any problems or issues involving possible infringement of the intellectual property rights of others, in addition to our other and totally discretionary right to terminate access to any user for any reason or for no reason at all.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

A description of the copyrighted work or other intellectual property that you claim has been infringed.

A description of where the material that you claim is infringing may be located on the site.

Your address, telephone number and e-mail address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law.

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on the copyright or intellectual property owner’s behalf.

All requests to use any material that appears on the site are to be addressed to the agent who is identified below.

This site’s Agent for Notice of Claims of copyright or other intellectual property infringement is Michael T Greiner 10560 N.W. Freeway Houston, TX 77092. His telephone number and fax number are 713 683 0050and 713 683 0235. His e-mail address is save6@TexasFSBO.com.

TERMS OF SERVICE

IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS BY WHICH YOU ARE PERMITTED TO USE THIS SITE. THEY BIND YOU BECAUSE YOU MUST ACCEPT THEM IN ORDER TO USE THE SITE, WHETHER YOU CHOOSE TO READ THEM OR NOT.

ACCEPTANCE OF TERMS

Your access to and use of this site is subject to the terms and conditions of this agreement. We may change the terms of this agreement at any time and in any manner, without any notice to you. Every change will be binding upon every user immediately upon its publication on the site. It will be your responsibility to return periodically to the TOS agreement text and keep yourself apprised of all changes. In addition to this agreement, we may adopt and post regulations that will be binding upon every user as of the date when they are posted. Every change in the site itself will immediately be subject to the terms of this agreement in its then current form. You take this site “as is”. There will be no liability on the part of the owner or managers for errors, omissions, deletions or misdirection of any kind. The owner may impose charges for access to the site and deny access to anyone who has not fully paid the charges imposed. The site may be discontinued at any time at the sole and absolute discretion of the owner. Interruptions in service will not ever become grounds for any claim for loss or injury. Your use of this site is not compulsory, and your only remedy for any site event with which you are displeased is for you to cease using the site.

REGISTRATION, PRIVACY, SECURITY AND CONDUCT

You agree to provide such information as may be required as a condition to your access to the site, and you warrant that such information is complete and accurate as of the day you provide it. If you ever provide any false or misleading information, your access to the site may be terminated instantly and without notice, statement of cause or opportunity to cure the defect. You may also be liable for any injury or claim that may arise as a consequence of such information. We will not guaranty or even represent that your information will be kept secret or confidential, and we will not be liable for its disclosure under any circumstances. We may without any liability actively divulge any information about you or that you post on the site if we deem it appropriate under any circumstances whatsoever. You are to assume that anything you post on this site is public information. The only exception to that rule will be that your private information will be protected to the extent of any privacy protocols of any facility that links to this site with whom you may deal on some matter that includes the need to share private and confidential information. The degree of protection provided by such facilities is entirely a matter between you and the facility you are doing business with. You will conduct yourself at all times as though you were in a public place where anyone can see, hear and record anything you do or say.

You agree that all information that you provide or publish on this site will be provided in good faith, and that you will not utter or publish any false, misleading, profane, slanderous, or libelous, inflammatory or otherwise objectionable material on this site. Any such information will at all times be lawful information that you have the right to use and to publicize without infringing upon the intellectual property or other rights of any other person or entity. You will not, in connection with your use of this site, violate any law, statute or regulation, whether national, state, local, foreign or international. You will not stalk any other person in your use of this site. You will not collect or store personal data about other users of this site. You agree to hold us harmless and indemnify us if we are claimed against by reason of anything said or done by you on this site, including all expenses that we may incur in connection with any investigation and defense costs, and attorney fees. You agree that you will not engage in any unlawful or tortuous conduct in connection with your use of this site and that you will not commit any act calculated to disrupt or interfere with the smooth functioning of the site.

We may use any information that you provide in any manner of our choosing without any requirement to obtain specific consent from you for such use. Any content that you post or publish upon this site will thereupon be available for our use in any manner or context without liability or obligation to you of any kind or amount.

LINKS

From time to time there may be links on this site to other sites or facilities. We specifically disclaim any responsibility for the content or reliability or accuracy of any information contained on any other link or facility. We do not endorse or sponsor any other site or facility, whether or not linked to this site. We do not verify any claim, advertising, product or service quality that you may find there, nor do we know whether any such information is true or false. If you choose to conduct any business or engage in any activity on or with any linked site or facility, you do so at your own risk, and we are not liable or responsible for any loss, claim or injury that you may incur in any such activity. Before you give out any private information, it is your responsibility to make sure that the requesting facility is a secure one, and verify that the requesting facility really is who they say they are.

ADVERTISERS

If from time to time we chose to allow any advertising on this site, and you choose to do any business with them, your dealings with them are strictly between you and the advertiser. We do not guarantee or vouch for any advertising or for any product or service that may be advertised or offered by any third party. If we receive consideration in connection for any such advertising, we will not disclose the fact that we have been paid, and such payment will not give rise to any duty on our part to you. You will make no claim against us for or on account of any loss, damage or injury incurred by you in the course of or in connection with your dealings with any such advertiser, and you will hold us harmless and indemnify us from and against any such loss, claim or injury, including expenses incurred in defending against the same and associated attorney fees.

OWNER’S RIGHTS

This site and its content are the sole and exclusive property of the owner. The owner may use it in any manner of the owner’s choosing without your consent and without notice to you, and may terminate, limit or interrupt your access to the site at any time without notice. You hereby waive any and all right and all claim for any injury or inconvenience, including all remedies for damages or injunctive relief on account of any act of or by the owner regarding this site or its use. You agree that there can be no dispute with the owner about this site for the reason that you acknowledge that you have no ownership or other rights to it or to gain access to it.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS WEB SITE FACILITY AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) WE MAKE NO GUARANTEE OF THE SALE OR PURCHASE OF YOUR HOME (3) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (5) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news messages, alerts or other information from or through this site or this service, including, without limitation, conversations with other people concerning companies, stock quotes, investments or securities, please read the DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY sections again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. This site and its services are provided for information purposes only, and no content is intended for trading or investing purposes. We will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this site or this service, and will not be responsible or liable for any trading or investment decisions made based on such information.

NOTICES

Notices to you may be made via email or regular mail, by fax or by any other means at our disposal, in our total and absolute discretion. We may or may not post on the site any notices of changes in the terms of this Terms of Service agreement, and it will be up to you to revisit the agreement from time to time to keep yourself apprised of its then current terms.

INTELLECTUAL PROPERTY INFORMATION

You agree to treat all material on this site as protected by the intellectual property rights of us or of others. You will not make any use of anything on this site, for any purpose, without first obtaining our written consent. All requests for such consent should be sent to our legal counsel who is identified above.

ENTIRETIES AND OTHER GENERAL INFORMATION REGARDING ENFORCEMENT OF THIS AGREEMENT

This TOS constitutes the entire agreement between you and the owners and managers of this site governing your use and access to the site, superseding any prior agreements or discussions relating thereto. To the extent that any linked or affiliated services become available on or through this site, you may also be subject to the terms of service upon which such material may be used or accessed.

This agreement will go into force and be performed in whole or in part in the State of Texas, and will be construed and governed in accordance with the laws of the State of Texas.

DISPUTE RESOLUTION

In the event of any dispute concerning any aspect of any matter contemplated by this agreement, the dispute will be submitted to binding arbitration, pursuant to the Federal Arbitration Act, before the American Arbitration Association, pursuant to its Commercial Rules, at its offices located in Houston, Texas. The site owner may, notwithstanding this arbitration provision, have resort to any court of competent jurisdiction to seek injunctive relief deemed by the site owner in its sole and absolute discretion to be appropriate for the protection of the site and/or its ownership interests in it. The prevailing party in any of such proceedings, arbitration and litigation, will be entitled to recover, in addition to any other relief, its expenses incurred in connection with the proceeding and its enforcement, including its attorney fees. The arbitral award will not include any exemplary or punitive damages, or any damages for emotional injury or pain and suffering, and will be final and not subject to appeal. It may be confirmed and enforced in any court of competent jurisdiction.

Regardless of any statute or law of any state to the contrary, any claim or cause of action that may arise out of or in connection with any matter contemplated by this agreement must be actually filed in the appropriate court within one year from the date when such claim or cause of action first arose, or be forever barred.

SPAMMING PROHIBITED

We do not condone or allow spam. We prohibit you from using this Proprietary Information & Services to promote your own Web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.

RESALE OF SERVICE IS PROHIBITED

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Services, and use of the Services or access to the Services. The Services are provided for personal, noncommercial use only.