Austin Texas Real Estate
Forgot
your
password?
legal info
terms of use, privacy policy

1. ACCEPTANCE OF TERMS
This Agreement is between HomeCity ("HomeCity", "We", or "Us") and you, our Web site visitor ("You"). In consideration of the information and services HomeCity provides to you on the HomeCity Web site (the "Site"), you agree that your use of the Site and any HomeCity services will be subject to these Terms of Use ("TOU"), which may be updated by us from time to time without notice. You can review the most current version of the TOU at any time at: Terms of Use Please read the TOU in their entirety. By using and continuing to use this Site, you agree to and accept all of the TOU, as they may be revised from time to time. If you do not agree with any of the TOU, you must immediately stop using the Site.

2. PRIVACY POLICY
From time to time, you may enter personal information on the Site. We have developed a Privacy Policy in order to specifically describe how we may and may not use your personal information. You can review the most current version of the Privacy Policy at any time at: Privacy Please read the Privacy Policy in its entirety.

3. WHO CAN USE THE SITE
We have invested millions of dollars to develop the Site and the content featured on the Site. As a result, we limit access to the Site to those who have agreed to use us as their real estate broker or those we have agreements with to refer potential clients to us. We also grant temporary and limited access to those we believe are seriously considering employing HomeCity as their real estate broker. You represent to us and agree as follows:

a. You are a bona fide prospective purchaser or seller of real property in the geographic area where we are licensed and operating as a real estate broker (does not apply to companies which have an agreement with us to refer potential customers to us). You understand that if you were not referred to us by one of our corporate clients and you have not yet signed a Listing Agreement or Exclusive Buyer's Agency Agreement with us, you will only be granted temporary access to the Site and you agree to immediately stop using the Site when such temporary access expires.

b. You have not signed any agreement with a real estate agent or broker that would prevent you from complying with these TOU or from using us as your sole and exclusive agent. You are not working with another real estate agent or broker on a formal or informal basis.

c. You are 18 years of age or older and, where we have requested information, have provided us with true, complete, accurate, and current information. You agree to maintain and update this information and ensure that it remains true, complete, accurate, and current at all times.

d. If you hold any type of real estate license, such as a broker's, associate broker's, or real estate salesperson's license, you have notified us in writing of the type of license you have and have received permission from us in writing to use the Site.

e. You have not, at any time in the past, violated these TOU or tried to disable or circumvent any security procedures we have established to limit access to the Site.

We reserve the right to deny access to the Site to anyone who does not meet the above criteria, who violates these TOU or any written agreement with us, or who we believe, in our sole discretion, is not likely to purchase or sell real estate through us. We also reserve the right to deny access to the Site to anyone, for any reason in our sole discretion, so long as doing so would not violate any applicable laws.

4. YOUR REAL ESTATE OBLIGATIONS
You agree to immediately notify us if you enter into any agreement with a real estate agent or broker or if you purchase or sell any real property. You agree that you will not contact any buyer or seller of any property introduced to you by HomeCity or which you learned of through the Site, except through an appointment set by us. You agree that we may also represent other prospective buyers and sellers seeking to purchase or sell properties that meet your criteria.

5. YOUR ACCOUNT AND PASSWORD
You will receive a password which, in conjunction with your email address, will grant you access to the Site. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your email address and password. You agree to immediately notify us of any unauthorized use of your password or email address or any other breach of security. HomeCity cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MODIFICATIONS TO OR DISCONTINUATION OF SITE
We reserve the right at any time and from time to time to immediately modify or discontinue, temporarily or permanently, the Site, or any part thereof, without notice. You agree that we will not be liable to you or to any third party for any modification or discontinuation of the Site or of any of the content or services provided by the Site.

7. COPYRIGHTS
The visual, textual, and other content contained on the Site, as well as the organization and layout of the Site, are the copyrighted works of HomeCity or its licensors. You agree not to copy, modify, rent, loan, sell, or distribute the content on the Site, or create derivate works based on the content on the Site. All content on the Site is provided for your sole and private use and may only be used by you for the purpose of evaluating areas, communities, homes, or other properties for sale or purchase.

8. TRADEMARKS
The trademarks, logos, names and servicemarks used on the Site, including without limitation, the name "HomeCity" and the HomeCity logo, are licensed, registered, or unregistered trademarks of HomeCity or its licensors. You agree not to use or display any of these trademarks, logos, names, or servicemarks without our express prior written consent.

9. RESTRICTIONS ON USE
You may access, download, and print materials from the Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on another Web site, or transfer or sell any information, software, or lists of users, or other lists obtained from the Site. The foregoing prohibition includes, without limitation, the practices of "screen scraping" to obtain lists of users or other information. You agree to refrain from impersonating any HomeCity or other individual or falsely representing your affiliation with any person or entity. You agree to refrain from accessing or attempting to access password-protected or non-public areas of the Site. You agree not to use this site for any unlawful purpose or for any purpose that is prohibited by the TOU.

10. CONTENT DISCLAIMER
The information, content, and services published on the Site may contain inaccuracies or errors. You agree that HomeCity is providing the Site and its content on an "AS IS" basis without warranty of any kind and you agree not to rely on any information or content contained on the Site without verifying such information or content yourself. Under no circumstances will HomeCity be liable in any way for any errors or omissions in any information or content or for any loss or damage of any kind incurred as a result of the use of any information or content.

11. THIRD PARTY LINKS
The Site may provide links to other World Wide Web sites. We have no control over such sites and we do not endorse such sites or the material available on such sites. You agree that HomeCity is not responsible for the availability of such sites and is not responsible or liable for any content, products, or services available from such sites, or for any damage or loss caused in connection with the use of such sites.

12. VIRUSES AND OTHER MISUSE
You agree not to upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code or files designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You also agree not to interfere with or disrupt the Site or the servers or networks connected to the Site or to disobey any requirements, procedures, policies, or regulations of networks connected to the Site. HomeCity will not be responsible or liable for any damages to or viruses that may infect your computer equipment or other property due to your access to or use of the Site.

13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOMECITY EXPRESSLY DISCLAIMS 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.

b. HOMECITY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE 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.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMECITY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HOMECITY NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HOMECITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

15. 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 OF THE PREVIOUS TWO SECTIONS MAY NOT APPLY TO YOU.

16. INDEMNITY
You agree to indemnify, defend, and hold HomeCity, and its subsidiaries, affiliates, directors, officers, employees, agents, partners, and suppliers, harmless from any claim, loss, liability, expense, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content you submit or transmit to us or the Site, your use or misuse of the Site, your violation of the TOU, or your violation of any law or the rights of any third party.

17. TERM AND TERMINATION
This agreement will commence when you first start using the Site and will continue until either you or HomeCity terminates this agreement for any reason or no reason. You may terminate this agreement by refraining from using the Site for a period of 30 consecutive days; provided, however, that if you start using the Site again after termination for any reason, this agreement shall recommence as of the date of such first use. HomeCity may, in its sole discretion, terminate this agreement, your password, your account (or any part thereof), or your use of the Site, and remove and discard any of your content or information within the Site, for any reason, including without limitation, for lack of use or if HomeCity believes that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Site under any provision of this TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that HomeCity will not be liable to you or any third-party for any termination of your access to the Site.

18. MISCELLANEOUS
The TOU constitute the entire agreement between you and HomeCity and govern your use of the Site, superseding any prior agreements between you and HomeCity, including any prior versions of the TOU. Notwithstanding the foregoing, in the event you enter into a written Listing Agreement or Exclusive Buyer's Agency Agreement with us and there is any conflict between those agreements and the TOU, those agreements shall control. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOU and the relationship between you and HomeCity will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and HomeCity agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas. The failure of HomeCity to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, the TOU, or your relationship with HomeCity must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. Use of the words "you" or "your" shall also mean heirs, executors, successors, legal representatives and permitted assigns.