Acceptance of Terms
The website located at www.MYRETA.com is owned and operated by MYRETA.COM, LLC, a Texas limited liability
company (“MYRETA”). By using this website and the information it offers (collectively, the “Site”),
you indicate your acceptance of these Terms of Service (the “Agreement”).
Your use of the Site is subject to this Agreement, the Privacy Policy, the User Subscription Agreement
and any other polices provided on this Site. Please read this Agreement carefully as it forms a binding
contract between you and MYRETA. Please print a copy of this agreement for your records.
MYRETA is a united network of real estate professionals and commercial properties. You may register
to become a Member of the Site at no cost. However, certain areas of the Site require Members to select
a subscription plan and pay all related fees before access will be granted. For details about the User
Subscription Agreement, click here. As part of the registration process, you will select a username
and password and provide certain information. MYRETA members must provide their real names and accurate
information.
By registering on the Site, you hereby authorize MYRETA to send you matches, e-mails, newsletters and
other communications.
You represent and warrant that the information you provide to MYRETA is accurate, true, not confidential,
and not in violation of any contractual obligations or other third party rights. You agree that it is
your responsibility to keep your information accurate and updated.
You agree that your account is for your personal use only. You may not authorize others to use your
account, and you may not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for maintaining the confidentiality of your username and password. You are
responsible for any and all activities that are conducted through your account. MYRETA shall be entitled
to assume that a user presenting your username and password is, in fact, you. If you knowingly or unknowingly
furnish a password to an unauthorized person, you are validating the authority of such person to act
on your behalf as to any access or use of the Site with that password and shall be responsible for any
charges, damages or losses incurred or suffered as a result of the failure to maintain the confidentiality
of any password. You agree to notify MYRETA immediately of any unauthorized use of your account. MYRETA
shall have the right at any time to change, modify or amend your username and password.
Our services are available only to individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available to minors under the age of 18 or
to users who previously have had their account suspended. Further, your account and username may not
be transferred or sold to another party. If you are registering as a business entity, you represent
that you have the authority to bind the entity to this Agreement. MYRETA does not encourage, solicit,
or permit visitors who are under the age of 13 to become a member of or visit the Site. You warrant
that you are not a competitor of MYRETA and are not using the Site in competition with MYRETA.
MYRETA requests that all of our Members provide accurate identification information. However, MYRETA
cannot and does not confirm each Member’s purported identity. If you decide to enter into a transaction
with another Member, you may wish to consider using a third party escrow service or services that provide
additional verifications.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures
and other communications that we provide to you by e-mail satisfy any legal requirement that such communications
be in writing. If you have other questions about how we might use your e-mail address please review
our
Privacy Policy.
Please,
Click here here to
review our User Subscription Agreement and applicable fees for services made available on this Site.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site and
will remain in effect unless terminated. At any time and without notice to you, MYRETA may terminate
your use of the Site with or without cause or notice, including, without limitation, if MYRETA believes
that you have violated or acted inconsistently with this Agreement or the
User Subscription Agreement
In the event of termination, all representations, warranties, indemnifications, and promises made by
you shall survive. Following any termination, MYRETA has the right to send a notice to other Members
with whom you have corresponded.
MYRETA may also modify or discontinue providing the Site, or any part thereof, with or without notice.
MYRETA is not liable to you or any third party for any termination of your access to the Site, any modification
or termination of the Site, or any loss of content.
MYRETA grants you a limited personal, revocable, non-transferable, and non-exclusive license to use
the object code of the Site on a single computer at a time. MYRETA reserves the right in its sole discretion
to deny, reject or revoke your use of the Site. Except with express written consent of MYRETA, you shall
not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the software for the Site. This license does
not include any resale or commercial use of this Site or its contents; any collection and use of any
content or any derivative use of this Site or its contents. Neither the Site nor any portion of the
Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of MYRETA. You may not use any meta tags or any other “hidden
text” utilizing MYRETA’s name or trademarks without our express written consent. If you would like to
link to our Site, please
click here for applicable
polices. Any unauthorized use or violation of this Agreement terminates the permission or license granted
by MYRETA.
Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or
in part, a collection, compilation, database or directory without the express written permission of
MYRETA is strictly prohibited. You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained herein. You may not engage
in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose
of which is to obtain lists of users, portions of a database, or other lists or information from this
Site, in any manner or in any quantities not authorized by MYRETA. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including images, text,
page layout, or form) of MYRETA or its affiliates without prior express written consent.
You agree that you will not use any device, software or routine to bypass any code which may be included
to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere
with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly
provide false information to sabotage or otherwise negatively affect the Site.
MYRETA shall have the right in its sole discretion to substitute, replace, modify or upgrade the Site
or any part or aspect of it as MYRETA deems advisable; and, all substitutions, replacements, modifications
and upgrades shall be incorporated in and subject to this Agreement and shall be the exclusive property
of MYRETA. If MYRETA shall provide you with any substitutions, replacements, modifications and/or upgrades,
you will be required to utilize such version. MYRETA will only be required to support the most recent
and current version provided to you.
In order to facilitate the free exchange of ideas and connections between Members and properties, MYRETA
encourages Members to contribute and post content, including profiles, text, images, emails, links and
other materials (“Member Content”). We do not assume any duty to monitor Member Content or confirm the
accuracy of Member Content. MYRETA does not and cannot review all Member Content, but reserves the right
to do so. You agree that MYRETA can remove any Member Content or other information we believe violates
this Agreement or which might be offensive, illegal or a violation of the rights of others.
If you believe that a posting on the Site is inaccurate or otherwise objectionable, you are solely limited
to posting a rebuttal. MYRETA does not remove postings at the request of Members. Please note that MYRETA
is a provider of an interactive computer service under the Communications Decency Act or “CDA,” (see
47 U.S.C. § 230). The CDA provides that, “No provider or user of an interactive computer service shall
be treated as the publisher or speaker of any information provided by another information content provider.”
Because the content on MYRETA is authored by Members of the Site, MYRETA is not liable even if such
content contains false or inaccurate information.
By voluntarily submitting Member Content to the Site, you agree that such submissions are non-confidential
and non-proprietary for all purposes and agree to any information you provide being stored in a database.
If any Member Content is removed from the Site, you acknowledge that MYRETA may retain archived copies.
By submitting Member Content to the Site, you automatically grant, and you represent and warrant that
you have the right to grant, MYRETA an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, perform, display, modify, reformat, translate,
excerpt, prepare derivative works, incorporate into other works, and distribute such content for any
purpose, commercial, advertising, or otherwise, in any current or future media or technology.
The submission of Member Content in no way creates any obligation or duty on the part of MYRETA to post
or use such materials or, if we do so, to give you credit.
You may not post inappropriate Member Content on the Site. Inappropriate Member Content includes anything
MYRETA, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on
the Site. It includes, without limitation, Member Content that:
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with
any person or entity, or creates a false identity for purposes of misleading others;
- is harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- you do not have the right to disclose under contract or applicable law;
- contains software viruses or any other technology designed to interrupt, destroy or limit the functionality
of the Site;
- involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails – “spam”;
- uses automated scripts or other technology to collect information from or otherwise interact with the
Site or other Members without their consent;
- engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
- provides material support or resources (or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated by the United States government
as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- includes other people’s personally identifying information or other confidential information, such as
credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses,
and email addresses; or
- violates any applicable local, state, national or international law, including but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of law.
Violating this Agreement may lead to you being immediately and permanently banned, with notification
to your Internet Service Provider if deemed necessary by the Site. The IP addresses of Members may be
recorded to aid in enforcing this Agreement.
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) MYRETA’S logos, slogans, designs, and other trademarks, service marks, labels, product names and
service names (collectively, the “Marks”) are owned or licensed by MYRETA. You agree not to copy, display
or otherwise use any of the Marks without the prior written permission of MYRETA. You are prohibited
from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages
or sites on the World Wide Web without prior written permission of MYRETA. Notwithstanding the foregoing,
the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or
in connection with any product or service that is not authorized or sponsored by MYRETA.
(b) The entire Site, and all object code and source code, text, graphics, multimedia content, including
but not limited to images, illustrations, audio and video clips, html and other languages, and all scripts
within the site associated therewith, are copyright MYRETA 2012. All rights reserved. The copyrighted
and proprietary property of MYRETA may not be duplicated or used without our express prior written consent.
You agree not to upload or transmit any Member Content that infringes any third party’s intellectual
property rights. It is our policy to respond to notices of alleged infringement that comply with the
Digital Millennium Copyright Act (the “DMCA”). Please be aware that, in order to be effective, your
notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged
to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.
You may notify us of alleged infringement of intellectual property rights by contacting our Designated
Agent at:
Mail: 25 Highland Park Village, Box #875, Dallas, Texas 75205.
Phone: 214-676-4774
Facsimile: 972-233-7541
Email:
[email protected]
Upon receipt of notice of claimed infringement, we will follow the procedures specified in the DMCA
to resolve the claim between the notifying party and the alleged infringer who provided the content
at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the
purposes of receiving notices of copyright claims under the DMCA.
MYRETA may offer the Site and certain services through a mobile website and/or mobile applications (collectively,
the “Mobile Applications”). This Agreement, the Privacy Policy and the User Subscription Agreement govern
all services that are accessible on or through the Mobile Applications. If you use the services on a
mobile device, you agree that information about your use of the services through your mobile device
and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile
device, or your physical location. In addition, your mobile carrier’s standard fees and rates will still
apply. You accept responsibility for all charges.
We always welcome messages and feedback from Members. However, it is MYRETA’s policy not to accept or
consider ideas, suggestions, or proposals other than those we specifically request. The intent of this
policy is to avoid the possibility of future misunderstandings when new functionality and features developed
internally by MYRETA might be similar or even identical to your idea.
If you do send MYRETA an unsolicited suggestion, idea, or proposal, or if you send, at the request of
MYRETA, a comment or suggestion to improve the Site (for example, via e-mail) (collectively, the “Submission”),
the Submission will be non-confidential and non-proprietary. MYRETA shall have no obligations concerning
the Submission, contractual or otherwise. MYRETA shall be entitled to unrestricted use of the Submission
for any purpose whatsoever, commercial or otherwise, in any current or future media or use whether or
not currently contemplated, without compensation or attribution to you.
MYRETA respects the intellectual property of others and we ask our Members to do the same. A copyright
exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make
copies, publicly distribute copies, publicly display the work, and prepare other works based on the
original. Federal law provides both civil and criminal penalties for violation of a copyright. You represent
and warrant that you possess all necessary rights to use the content that you submit to MYRETA and that
use of such content does not violate the foregoing. In addition to your obligations under the Indemnification
section of this Agreement, you agree to defend, indemnify, and hold us harmless from and against any
and all claims arising out of or relating to any content that you submit to us. If you have any questions,
you should consult a lawyer who specializes in intellectual property law.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page
of the Site so long as the pages that are activated by the link do not: (a) create frames around any
page on this Site or use other techniques that alter in any way the visual presentation or appearance
of any content within this Site; (b) misrepresent your relationship with MYRETA; (c) imply that MYRETA
approves or endorses you, your website, or your service or product offerings; and (d) present false,
derogatory, misleading or otherwise offensive impressions about MYRETA or its products or services or
otherwise damage the goodwill associated with the MYRETA name or trademarks. As a further condition
to being permitted to link to this Site, you agree that MYRETA may at any time, in its sole discretion,
terminate permission to link to this Site. In such event, you agree to immediately remove all links
to this Site.
The Site may contain links to third party websites, including advertisers. Such third party websites
are not under the control of MYRETA. Please note that MYRETA is not responsible for the accuracy or
content of websites of other providers that may have links from this Site. Accordingly, MYRETA can make
no representation concerning the terms of use, privacy policies or content of these sites to you, nor
can the fact that MYRETA has provided this link serve as an endorsement by MYRETA. In creating hypertext
links to any other website, MYRETA is not recommending such website or giving any assurances as to its
standing. MYRETA is providing such links only as a convenience to you. MYRETA makes no warranties, explicit
or implied, regarding the performance of the links, the performance of the outside sites or the contents
of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
MYRETA may update, revise, supplement, modify or amend this Agreement at any time without prior notice.
MYRETA will indicate at the bottom of this Agreement the date of the last update. Any updates, revisions,
supplements, modifications or amendments shall be effective immediately upon its posting on the Site,
and will only be applicable to disputes arising after such posting has been made. MYRETA will provide
you notice of any updates, revisions, supplements, modifications or amendments to this Agreement by
placing a “Notice of Modification” link on the homepage for a 30-day period following the initial posting
on the Site. You agree that you will continue to be bound by this Agreement, however and whenever it
is updated, revised, supplemented, modified, or amended, if you thereafter continue to use the Site.
You expressly understand and agree that:
- Your use of the site is at your sole risk. The site is provided on an “as is”, “where is” and “as available”
basis. Myreta, its directors, representatives, employees, successors and assigns (collectively the “disclaiming
parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but
not limited to the implied warranties of fitness for a particular purpose, merchantability, non-infringement,
title, quality, performance, non-interference with information, and accuracy of informational content.
There is no warranty that information provided hereunder, our efforts, or the site will fulfill any
of your particular purposes or needs.
- The disclaiming parties assume no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, the site or any user communications.
- The disclaiming parties are not responsible for any incorrect or inaccurate content posted on the site,
whether caused by users of the site or by any of the equipment or programming associated with or utilized
in the site.
- The disclaiming parties make no warranty that:
(1) Your use of the site will be uninterrupted, timely, secure, or error-free,
(2) The results that may be obtained from the use of the site will be accurate or reliable, or
(3) the quality of any products, services, information, or other material purchased or obtained by you
through the site will meet your expectations.
- Any material downloaded or otherwise obtained through the use of 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.
- No information, whether oral or written, obtained by you from the disclaiming parties or through this
site shall create any warranty not expressly stated in this agreement.
You expressly understand and agree that myreta, its directors, representatives, employees, successors
and assigns, together with any third parties that may contribute to or be affiliated with the site,
shall 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 they have been advised of the possibility of such damages), Resulting From:
- Use or the inability to use the site;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the site;
- Any hacking attempt that may lead to the data being compromised;
- The fact that you have relied on information from this site; or
- Any other matter relating to the site.
If you are dissatisfied with the site, or any of the information contained thereon, or refuse to abide
by this agreement, your sole and exclusive remedy is to discontinue your use of the site. Notwithstanding
the foregoing, myreta’s liability to you shall not exceed the lesser of $100 or the amount you paid
for the particular product or service. You further agree not to join in any lawsuit arising out of the
use of the site with another person or serve as a class representative of any class action lawsuit against
myreta, its directors, representatives, employees, successors and assigns, together with any third parties
that may contribute to or be affiliated with the site.
myreta, its directors, representatives, employees, successors and assigns, together with any third parties
that may contribute to or be affiliated with the site, shall not be held liable for any representations
on third party sites in relation to the information provided in this site.
You are solely responsible for your interactions with other Members of the Site. We reserve the right,
but have no obligation, to monitor disputes between you and other Members.
Should you have a dispute with a Member, you agree that you release MYRETA, its directors, representatives,
employees, successors, and assigns, together with any third parties that may contribute or be affiliated
with the Site, from all claims, demands, and damages (actual and consequential) of any kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way
related with such a dispute.
You agree to defend, indemnify and hold completely harmless myreta, its directors, representatives,
employees, successors and assigns, together with any third parties that may contribute to or be affiliated
with the site from and against any and all claims, damages, costs, attorneys’ fees, expenses, and settlements,
whether grounded in contract, tort, statute, law or equity, including without limitation claims based
upon negligence, arising from or related to your use of the site, inability to use the site, the materials
the site contains, and any sites linked to this site; any alleged violation of the agreement, any alleged
violation of the rights of a third party, and any alleged violation of privacy.
Any dispute arising between you and MYRETA (whether grounded in contract, tort, statute, law or equity),
or arising out of or in any way related to this Agreement or the Site, your access to or use of the
Site, or your purchases made on the Site, will be resolved, individually, through binding arbitration
in Dallas, Texas, using the then-current rules of the American Arbitration Association, and the resulting
decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance
with MYRETA, you cannot take MYRETA to court, and you may not join your action with any other party.
You can address such grievances through arbitration only, and you are hereby consenting to do so in
Dallas, Texas, using Texas laws (without regard to Texas rules on conflict of laws). To the fullest
extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and
will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding
the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction
in Dallas County, Texas, as necessary to protect the party’s rights or property pending the completion
of arbitration.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to
provide the written documentation within this timeframe will render all claims related to the dispute
null and void.
MYRETA’s principal office is in the State of Texas and this Site is controlled by MYRETA from its offices
within the State of Texas, United States of America. The Site can be accessed from all 50 states, as
well as from other countries around the world. As each of these jurisdictions has laws and regulations
that may differ from those of Texas, by accessing this Site both you and MYRETA agree that the statutes
and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to
all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Dallas County, Texas. The Parties hereto waive any challenge to
personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in
Dallas County, Texas. For any matter not governed by the arbitration clause above, the Parties specifically
consent to the jurisdiction of the State District Courts of Dallas County, and the United States District
Court for the Northern District of Texas, Dallas Division.
If any portion of this Agreement is deemed unenforceable, that portion will be enforced to the maximum
extent possible so as to affect the intent of the parties as reflected by that provision, and the remaining
portions of this Agreement will be given full effect. The Site’s failure to act in a particular circumstance,
including any failure by the Site to enforce or exercise any provision of this Agreement, does not waive
the ability to act with respect to that circumstance or similar circumstances in the future.
The Site will be excused for any failure to perform to the extent that its performance is prevented
by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or
franchise relationship is intended or created by this Agreement.
The Site may assign its rights and obligations under this Agreement freely. You may not assign any rights
or obligations under this Agreement without the Site’s written consent.
This Agreement, in addition to the Site’s Privacy
Policy, User Subscription
Agreement and other applicable policies referred to within the Site, constitutes the entire
agreement between the Site and the individual Member with respect to your access to or use of the Site,
superseding any prior agreements between you and the Site with respect to your access to or use of the
Site (including any prior versions of this Agreement).
The headings appearing at the beginning of each section are for identification and reference purposes
only and shall not be used to determine the construction or interpretation of the Agreement.
If you have a comment, question or request, or if you need to contact MYRETA for any other reason, there
are two easy ways to do so.
(a) Via the E-mail/Web:
[email protected]
(b) U.S. Mail: 25 Highland Park Village, Box #875, Dallas, Texas 75205
Effective
August 01, 2012.
I hereby agree to the Agreement and represent that I am authorized to agree to the terms thereof and to act on behalf of the accepting party in the proposed transaction in the Agreement.
It is agreed by the parties that, notwithstanding the use herein of the words “writing,” “execution,” “signed,” “signature,” or otherwords of similar import, the parties intend that the use of electronic signatures and the keeping of records in electronic form be granted the same legal effect, validity, and enforceability as a signature affixed by hand or the use of a paper-based record keeping system.
This provision will be enforced to the extent and as provided for in any applicable law including the Electronic Signatures in Global and National Commerce Act, and any other similar state laws based on the Uniform Electronic Transactions Act.