SRC Land Website Terms of Use
Last revised: April 11, 2018
Welcome to SRC Land website (the “SRC Website”), located at srcland.com and owned and administered by SRC Management, Inc. (“SMI” or “we”). These Terms of Use govern your use of the SRC Website and the content made available through the SRC Website (the “Content”).
By accessing and using the SRC Website, you agree to these Terms of Use, so please read them carefully, and let us know if you have any questions or concerns.
We may update these Terms of Use from time to time, so be sure to check back to see if the “last revised” date has changed.
1. About the SRC Website. The purpose of the SRC Website is to help you identify real property of interest to you and make purchasing that property as easy as possible for you, including providing information about available properties and about services we offer (the “Services”).
2. Intellectual property. All rights, including but not limited to the copyrights and patent rights, in the SRC Website and the Content belong to SMI, its licensors, and in some cases, as explained in Section 4 below, to third parties. You may use the SRC Website and the Content only as described in these Terms of Use.
3. Your use of the SRC Website and the Content.
3.1. You may use the SRC Website and the Content for your own personal use, including downloading, printing, or otherwise copying Content solely for your own personal use.
3.2. Commercial use of the SRC Website or the Content is prohibited, except that if you are a real estate or lending professional, you may use the SRC Website and the Content in transactions made on your own behalf or on behalf of your client.
3.3. Other than as described above, you may not use the SRC Websiteor the Content to engage in any illegal or malicious behavior, including but not limited to:
• Copying, downloading, or otherwise infringing copyright or other rights in the Content;
• Using any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the SRC Website or the Content;
• Reverse engineering any portion of the SRC Website;
• Collecting or harvesting any information from the SRC Website in any manner whatsoever;
• Using any device, software, or routine that interferes with or attempts to interfere with the proper working of the SRC Website; or
• Doing anything that could disable, overburden, or impair the proper functioning of the SRC Website.
4. Third-party apps, information, and links.
4.1. To enhance the value of the SRC Website, SMI relies on various resources and information provided by third parties. Although we choose these resources carefully, SMI has no control over these resources, their content, or their activities and cannot be responsible for your experience with these sites or other resources, nor do we vouch for the truth, accuracy, or quality of the resources incorporated into the SRC Website or to which the SRC Website links. Those third-party resources include PayLease and Google Maps.
4.2. SMI offers payment services through the PayLease platform, which isadministered and processed by PayLease LLC. When you register to use the PayLease platform, you will be required to agree to the PayLease Payer Agreement Terms and Conditions and the PayLease Privacy Policy, which govern your use of the PayLease platform and the use of the information you provide to PayLease.
4.3. All of the maps and navigation functions found in the SRC Website are provided by Google Maps. Your use of these resources is governed by the Google Maps/Google Earth Additional Terms of Use and Google Privacy Policy.
5. Electronic communications with SMI. If you communicate with SMIusing any electronic methods, including but not limited to usingforms or third-party services available on the SRC Website and via email, you agree to the following:
5.1. SMI may, in its sole discretion and unless otherwise required by law, use any email address you provide as the only method of sending you certain notices regarding services or products you obtain from SMI, including but not limited to legally required notices. If you wish to receive all such notices via hard copy, you must notify SMI in writing at the address listed above.
5.2. SMI may include in such communications sensitive or confidential information such as information related to your accounts, payment and escrow details, and taxes.
6. Information you provide to SMI. You acknowledge and agree that:
• You are authorized to provide to SMI all information you so provide.
• All information you provide is accurate and correct.
• You will not impersonate another person or misrepresent your affiliation with another person or entity.
7. Your SMIaccounts.If you establish or access an account through the SRC Website (your “SMI Account”), you agree that:
• You will keep your contact information accurate and up to date.
• You are solely responsible for the activity that happens on or through your SMI Account.
• You will not share your password, let anyone else access or use your SMI Account, or do anything else that might jeopardize the security of your SMI Account.
8. Your privacy.
8.1. The only personally identifying information about you, such as your name or contact information, that we collect through the SRC Website is the information you provide via forms, such as the “Inquire Online” or “Buyer Information” forms, and via third-party services available through the SRC Website, such as PayLease (collectively, your “Personal Information”).
8.2. The privacy of your Personal Information collected by such third-party services is subject to the privacy policies and terms and conditions of those third parties.
8.3. Unless you have granted us express permission to do otherwise or we are required to disclose or share your Personal Information by applicable law or by proper legal or governmental authority,SMIwill use your Personal Information and/or share your Personal Information with third parties solely in connection with providing you with the information or Services in which you have expressed interest and improving the Services and SRC Website.
8.4. Although no one can guarantee the security of your Personal Information, SMI maintains your Personal Information on secure servers and abides by industry standards in protectingyour Personal Information.
8.5. We may employee cookies and other technology on the SRC Website to collect information that helps us provide you with the best possible online experience. For more information about cookies, see www.ftc.gov/ftc/cookies.shtm.
9. DISCLAIMERS AND LIMITATIONS; INDEMNIFICATION.SMI HAS MADE REASONABLE EFFORTS TO ENSURE THAT THE CONTENT IS RELIABLE; HOWEVER, SMI CANNOT AND DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THE SRC WEBSITE, THE CONTENT, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR OFFERED THROUGH THE SRC WEBSITE. ACCORDINGLY:
9.1. YOU ACKNOWLEDGE THAT SMI HAS MADE NO WARRANTIES, GUARANTEES, PROMISES, OR REPRESENTATIONS, EITHER EXPRESS OF IMPLIED, ABOUT THE QUALITY, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SRC WEBSITE, THE CONTENT, THE SERVICES, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR OFFERED THROUGH THESRC WEBSITE, OR THE ABILITY OF THE SRC WEBSITE, THE CONTENT, THE SERVICES, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR OFFERED THROUGH THE SRC WEBSITE TO MEET YOUR NEEDS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
9.2. YOU UNDERSTAND AND AGREE THAT THESRC WEBSITE, THE CONTENT,THE SERVICES, AND ANY PRODUCTS OR SERVICES DESCRIBED ON OR OFFERED THROUGH THE SRC WEBSITE ARE OFFERED AND PROVIDED ON AN “AS-IS” BASIS AND THAT ALL MEASUREMENTS AND OTHER DESCRIPTIVE INFORMATION ARE APPROXIMATE.
9.3. TO THE EXTENT PERMITTED BY LAW, SMI EXCLUDES ALL WARRANTIES.
9.4. YOU UNDERSTAND AND AGREE THAT SMIWILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS RESULTING FROM THE USE OF THE SRC WEBSITE, THE SERVICES, OR THE CONTENT, THE INABILITY TO USE THE SRC WEBSITE, THE SERVICES, OR THE CONTENT, OR ANY OTHER MATTER RELATING TO OR ASSOCIATED WITH THE SRC WEBSITE, THE SERVICES, OR THE CONTENT.
9.5. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SMIAND ITS REPRESENTATIVES, RELATED PARTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND PARTNERS, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, THAT MAY BE FILED BY ANY THIRD PARTY ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF USE OR ANY VIOLATION BY YOU OF THE RIGHTS OF SOMEONE ELSE.
10. Arbitration. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Use or the breach of these Terms of Use, you and SMI agree to use their best efforts to settle the dispute, claim, question, or disagreement. Accordingly, you both will consult and negotiate with each other in good faith and attempt to reach a fair and equitable solution satisfactory to both. If unable to do so within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules & Procedures. Exclusive venue for any arbitration shall be Cameron County, Texas, United States. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause.
11. Miscellanea.
11.1. These Terms of Use shall be binding on and inure to the benefit of the parties and their successors, assigns, affiliates, subsidiaries, officers, employees, agents, representatives, licensees, and all parties in active concert or participation with any of them.
11.2. The failure or delay of a party at any time to enforce performance of these Terms of Use shall not be construed as a waiver of the right of such party to enforce performance at any subsequent time.
11.3. Any provision of theseTerms of Use that may be deemed invalid or unenforceable shall in no way invalidate or render unenforceable the remainder, which shall remain in full force and effect.
11.4. These Terms of Use, including the above Arbitration provision, shall be construed and governed by, and enforced in accordance with, the laws of the United States and of the State of Texas.
