Terms of Use Agreement

Last updated: October 13, 2020

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CLASS ACTION WAIVER; AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY THAT APPLIES TO ALL DISPUTES WITH 51 REALTY INC. (please see sections 12, 5, and 6). These provisions form an essential basis of our bargain.

Table of Contents

Home Page - https://51-realty.com/

Home Seller Information Form - https://51-realty.com/sell

Contact Form & Information - https://51-realty.com/contact

Situations – https://51-realty.com/situations

Portfolio – https://51.realty.com/portfolio

About Us – https://51-realty.com/about-us

TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITE

51-Realty Inc. requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement,” “Terms of Use,” or “Terms”). By accessing, browsing or using this website (the “Website”) or by using the goods, facilities or services offered in or through the Website through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” include use through these alternative methods).

If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.

For purposes of this Agreement, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of 51-Realty Inc. (“Services”), including sellers of residential real estate (“Sellers”) that provide information about themselves to 51-Realty Inc. and, by association, the investors in our portfolio (“Investors”).

51 Realty Inc. operates this Website and shall have the right at any time to change or discontinue any aspect or feature of this Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by you of the Website or the goods, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes.

By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 13 years of age and reside in the United State and the District of Columbia. If you are under 13 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing 51 Realty Inc. services.

1. PRIVACY POLICY

The Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website, received directly from you or transmitted to or from third parties.

2. LOCATOR SERVICES

When you submit a request through our website, you provide express written consent to 51 Realty Inc. to provide your personal information to one or more Investors we match with your request. Sharing this information with Investors allows them to contact you using the e-mail address(es), phone number(s) (including mobile devices, SMS, and MMS), or other contact information you provided, even if you are on a Do Not Call list.

NOTE: You are providing express written consent for 51 Realty Inc. and these associated Investors to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

51 Realty Inc. is not a licensed real estate broker. Realty Inc. does not guarantee you will get the best offer available. 51 Realty Inc. is not an agent of either you or any Investor or Seller.

51 Realty Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Investor or Seller’s activities or information, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other member content (as defined below), or (iii) the performance or conduct of any member or third party.

Any information provided about an Investor or Seller is not an endorsement, certification or guarantee by 51 Realty Inc. about any Investor or Seller, including of their identity or background or whether they are trustworthy, safe or suitable. You should always exercise due diligence and care when deciding using the Service, any financial transaction, or communicate and interact with other Investors or Sellers, whether online or in person.

Each Investor is solely responsible for its services to you, and you agree that 51 Realty Inc. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of their products or services, or offers. You understand that Investors may keep your request information and any other information provided by 51 Realty Inc. or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Investor or Seller directly if you no longer want to receive communications from them.

51 Realty Inc. expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Website at any time, without prior notice.

If you choose to use the Website, including as an Investor or Seller, your relationship with 51 Realty Inc. is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of 51 Realty Inc. for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of 51 Realty Inc.

BY USING OUR WEBSITE OR BY CLICKING ON ANY BUTTON INDICATING AN ACCEPTANCE OR AGREEMENT TO TERMS, A CONTINUANCE OF PROCESSING OR SUBMISSION (“SUBMISSION”) YOU UNDERSTAND THAT YOU ARE CONSENTING, ACKNOWLEDGING AND AGREEING TO THE STATED TERMS AND CONDITIONS OF THAT SUBMISSION AND THAT YOU ARE SUBMITTING AN INQUIRY THROUGH 51 RELATY INC. TO EACH OF THE INVESTORS TO WHOM YOUR INFORMATION REQUEST IS TRANSMITTED. FURTHER, THAT YOU ARE REPRESENTING ALL OF THE INFORMATION YOU HAVE PROVIDED IN THE REFERRAL FORM IS TRUE AND COMPLETE. YOU FURTHER UNDERSTAND AND AGREE THAT BY SUBMITTING YOUR INFORMATION, INCLUDING ANY TELEPHONE NUMBERS, TO US, INVESTORS, AND OTHER PROVIDERS, YOU ARE EXTENDING AN EXPRESS INVITATION FOR US OR OUR AFFILIATES, AND THEM, TO CONTACT YOU BY TELEPHONE AT THE NUMBERS (WHETHER LANDLINE OR CELLULAR) YOU HAVE PROVIDED, AND YOU HEREBY CONSENT TO ANY SUCH CALLS EVEN IF YOUR PHONE NUMBER IS ON THE DO NOT CALL LIST. TELEPHONE CALLS MAY INCLUDE PRERECORDED OR ARTIFICIAL VOICE MESSAGES AND CALLS USING AN AUTOMATIC TELEPHONE DIALING SYSTEM. YOUR CONSENT IS NOT A CONDITION OF YOUR PURCHASE.

You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.

3. REGISTRATION

You must register with the Website and have an account for certain Services. By registering for a Website account you are agreeing to these Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Website profile information accurate. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. 51 Realty Inc. reserves the right to terminate accounts in its discretion.

4. CONTENT

You may submit feedback, ideas, reviews, comments, photos, or other content to the Website (“Submissions”). You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, or the rights of any third party. You are solely responsible for your Submissions. We may, but are not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions. You grant the Website a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Website may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Website a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Website, without any further consent, notice and/or compensation to you or to any third parties.

5. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES

All contents of the Website are: Copyright © 51 Realty Inc. 1501 S Dobson St., Burleson TX, 76028. Other product and company names mentioned herein, including the names of Investors and Sellers, may be the trademarks of their respective owners.

Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of the 51 Realty Inc. or the applicable Mark holder specific for each such use. The Marks may not be used to disparage 51 Realty Inc. the Investors or Sellers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by 51 Realty Inc. in writing.

The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. 51 Realty Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of 51 Realty Inc. and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

6. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

7. LIMITATIONS OF LIABILITY

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

8. INDEMNITY

As a condition of use of the Websites and/or 51 Realty Inc. Services, you agree to indemnify 51 Realty Inc. from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

9. DAMAGES

At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms for which you bear responsibility; except you acknowledge that, for certain Terms violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms violations, you agree to pay liquidated damages as may be provided for in these Terms. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these Terms are and will be cumulative.

10. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

11. LINKS TO THIRD PARTY WEBSITES

The website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. 51 Realty Inc. does not operate or control in any respect any information, software, products or services available on such websites. 51 Realty Inc. inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the websites please note that 51 Realty Inc. is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

12. ERRORS AND DELAYS

51 REALTY INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING TO A REQUEST OR REFERRAL FORM CAUSED BY, INCLUDING BUT NOT LIMITED TO, AN INCORRECT EMAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.

13. DISPUTE RESOLUTION/ARBITRATION

Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by 51 Realty Inc., or to any acts or omissions for which you may contend 51 Realty Inc., including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND 51 REALTY INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using 51 Realty Inc. goods, facilities and services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and 51 Realty Inc., the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

14. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by 51 Realty Inc.) constitutes the entire agreement between you and 51 Realty Inc. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and 51 Realty Inc. with respect to the Website and information, software, products and services associated with it.

This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.