Terms of Use

By accessing, viewing, browsing, searching, downloading from or using this site, you are agreeing to comply with and be bound by the following Terms of Use (“Terms”) and our privacy policy. Please review the following Terms carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Sam Yager Incorporated or any of it subsidiaries, affiliates, and/or related entities (collectively, “SYI”). SYI reserves the right to change or modify these Terms at any time and in its sole discretion and without prior notice. Any changes or modifications will be effective upon the posting of the revisions on the site. If you do not agree to these site terms or any subsequent modification, do not access, view, search, download from, browse or otherwise use this site. Your use of this site will be deemed your conclusive acceptance of these terms.   The terms “you” or “user” may be used interchangeably herein at times and may include but not be limited to a user’s contractors, consultants, officers, employees, affiliates, subcontractors, dependents, representatives, successors, heirs and/or assigns. The Texas Real Estate Commission (“TREC”) Form OP-K entitled “Information about Brokerage Services” is provided with this site and at www.trec.state.tx.us/pdf/contracts/op-k.pdf.  By reading reviewing or use of this site, you (the user) acknowledge your receipt of the aforementioned TREC “Information about Brokerage Services” form and that you have read the form and that you understand the information contained therein.

Disclaimer

THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AVAILABLE THROUGH THE SITE MAY (WITHOUT LIMITATION) CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES, CHANGES DUE TO THE PASSAGE OF TIME, THE PASSAGE OF GOVERNMENT RULES AND REGULATIONS, THE FUTURE AND/OR PROPOSED PLANS OF A GOVERNMENT ENTITY, THE OCCURRENCE OF EVENTS OR OTHER LIMITATIONS. SYI HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SYI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYI DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OR REPRESENTATIVE OF SYI WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF THE SITE) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT FROM THE SITE IS DISCLAIMED.

ALTHOUGH SYI HAS ATTEMPTED TO PROVIDE INFORMATION, SYI DOES NOT REPRESENT OR WARRANT IN ANY WAY THAT THE CONTENT HEREIN IS ACCURATE, COMPLETE, FREE OF ERROR, WITHOUT OMISSION OR CURRENT AND TIMELY. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY VERIFY ANY AND ALL INFORMATION CONTAINED HEREIN.  

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SYI, ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, AFFILIATES OR OTHER THIRD PARTIES (MENTIONED AT THIS SITE OR OTHERWISE) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER SYI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Representations and Warranties.

By using this site, you are representing to SYI that you have the power and authority to accept all the terms and conditions contained herein, that you are capable of assuming, and do assume, any risks related to the use of this site and its content, and that you understand and accept the terms, conditions and risks relating to your use. You may not use this site or accept these Terms if you are not of a legal age to form a binding contract.

Intellectual Property/Restrictions.

All content included on this site, such as text, graphics, design, data compilation, name, logos, images, audio clips, database information selection, digital downloads and all other matters related to this site, are the property of SYI and may be protected by copyright laws or other proprietary rights.

You acknowledge that you are expressly prohibited from transferring, assigning, leasing, distributing, renting, lending, publishing or making available all or any portion of this site by whatever means to any other person or entity without the express prior written consent of SYI.

Links
This site may contain links to third party sites. Since these links may be to independent outside sources, SYI is not responsible for their content, products, services and/or promotions, representations, warranties, statements, claims or advertisements. SYI does not monitor or control the linked third party sites and makes no representations regarding them. If you choose to access any third party sites, you do so at your own risk. Any links available do not constitute or imply an endorsement, sponsorship, or recommendation by SYI.

Modification of Site

SYI will periodically edit, delete or modify the information, services and resources contained in this site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. SYI encourages you to visit this site frequently, to independently verify all information and to stay informed.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from this site grants you only a limited, non-exclusive license for use solely by you for your own personal or non-commercial use and subject to all of the terms of use hereof. You will not in connection with your use of this site: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (b) interfere with or disrupt the computer networks of SYI or attempt to do so; (c) upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of SYI; (d) upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law. Any unauthorized use of the site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.

Feedback
All comments, reviews, feedback, ideas, suggestions, and other submissions submitted to SYI on the site (collectively, “Feedback”) shall become SYI property. SYI shall have no obligation with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, dispose, transform, create derivative works and distribute the Feedback to others without limitation. SYI shall be free to (without charge or liability, whatsoever) use any ideas, concepts, suggestions, know-how or techniques contained in Feedback for any purpose whatsoever.

Information and Press Releases

The site may contain information and press releases about SYI. While this information was believed to be accurate as of the date prepared, SYI disclaims any duty or obligation to update this information or any press release. Information about companies other than SYI contained in any press release or otherwise, should not be relied upon as being provided or endorsed by SYI. SYI does not assume any duty of disclosure beyond that which is required by law. Additionally, this site may contain statements and information concerning or related to SYI and its activities which constitute opinions of SYI concerning itself, its activities, or its relationships with third parties. In such event, the user acknowledges that such information constitutes the opinion of SYI and may not conclusively be relied upon by the user, it being incumbent upon the user to independently verify and/or satisfy itself as to any such information.

Cautionary Language Regarding Forward-Looking Statements

This site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Such statements are based on assumptions and expectations that may not be realized and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future events and actual results, financial and otherwise, may differ materially from the results discussed or implied in the forward-looking statements. Risks and factors that could cause actual results to differ materially and SYI assumes no liability or responsibility to publicly update or revise any forward-looking statements.

Indemnity
You agree to defend, indemnify, and hold harmless SYI, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the site and any material contained therein by you or by your breach of the terms of this agreement.

Jurisdiction
This agreement shall be treated as though it were executed and performed in Texas, and shall be governed by and construed in accordance with the laws of the State of Texas. All legal proceedings arising out of or in connection with this agreement shall be brought solely in the courts located in Harris County, Texas. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

General

• Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
• To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms, this agreement shall take precedence.
• The failure of SYI to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
• This site can be accessed from countries around the world other than the United States. SYI makes no representation that the content on this site is appropriate or available for use in other locations, and accessing this web site from areas where its content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws, rules, and regulations.
• The language in these Terms shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.  

Children’s Online Privacy Protection Act

In compliance with the Children’s Online Privacy Protection Act, SYI does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed to minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.