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Terms of Use & Privacy Policy

TERMS OF USE & PRIVACY POLICY

TERMS OF USE

Effective as of 10.27.2019

 

The following terms of use (the “Agreement”) govern your (“you”, “your”, or “Visitor”) access to and use of findrealestatejobs.com (the “Site”), an online presence of MBEB Holdings, LLC (“we” or “us”).  (Either you or we may also be referred to herein as a “Party” and collectively as the “Parties”)

 

THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND US AND GOVERNS YOUR RELATIONSHIP WITH US AND USE OF THE SITE.  BY USING THE SITE IN ANY MANNER, YOU THEREBY AGREE TO AND ACCEPT THIS AGREEMENT.

 

  1. Scope.  This Agreement is intended to be the master agreement governing your Use of the Site.  Your Use of the Site is conditioned on your agreement to the terms herein. This Agreement is subject to the construction rules provided in Section XXII. 

 

  1. Eligibility.  By Using the Site, you represent, warrant, and covenant that:  (a) you have reached the age of majority in the legal jurisdiction from which you are accessing the Site or that you have the permission of your legal guardian to access the Site; (b) you have read and understand this Agreement; (c) you have the authority, capacity, legal authority, and are legally entitled to enter into this Agreement; and (d) it is your intent to enter into this Agreement and you agree to abide by this Agreement.  

 

  1. Services.  

 

    1. The Site.  From time to time, we publish certain of Our IP about us, our systems and services, and Our Property through the Site.  The Site has been made publicly available by us to allow individuals to Use the Site (collectively “Visitors”).  We maintain the Site and Our IP thereon to allow you to Use the Site to learn about us, our systems and services, and Our Property, communicate with us, Share your Content via the Site with us, and Use Links available on the Site.  

 

    1. Acceptable Use Policy

 

      1. Your Responsibilities.  You represent, warrant, and covenant that:  (A) you shall comply with all the terms and conditions of this Agreement; and (B) you shall Use the Site only in accordance with all Regulations and this Agreement. 

 

      1. Prohibited Activities.  You hereby expressly represent and warrant that you shall not:  (A) breach this Agreement willfully or through gross negligence; (B) Use our systems or services, or any of Our Property to circumvent or breach or attempt to circumvent or breach any Regulation; (C) take any action that imposes an unreasonable or disproportionately large load on the Site or our systems; (D) create Derivatives of any of Our IP for any purposes other than those specifically permitted by us; (E) use any bot, spider, scraper, data miner, or automated agent to gain Use of any information on the Site, our systems, our services, or any of Our Property, except as otherwise authorized by agreement between you and us; (F) facilitate any viruses, bugs, trojan horses, worms, or other software, automated agents, or programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any IP on the Site, our systems, or any of Our Property; (G) interfere or attempt to interfere with the Site, our systems, our services, or any other of Our IP; (H) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from our systems, our services, or any of Our Property unless otherwise authorized by agreement between you and us; (I) work around any of the technical limitations of our systems, our services, or any of Our Property or enable features or functionalities that are otherwise disabled on our systems, our services, or any of Our Property other than as permitted by this Agreement or a written agreement between you and us; or (J) perform or attempt to perform any actions that would interfere with the normal operation of our systems, our services, or any of Our Property.

 

    1. Our Responsibilities.  We shall maintain and manage the Site in accordance with industry standards.  

 

  1. IP.  

 

    1. Licenses from us to You.  We hereby grant to you a limited, non-exclusive, freely and fully revocable license to Our IP provided by us to you via the Site for the sole purposes of letting you Use the Site as intended by us and permitted by this Agreement.  This license shall terminate immediately upon our termination of this Agreement or your breach of this Agreement.

 

    1. IP Rights.  You hereby agree that:  (i) this Agreement is not intended to assign any of Our IP or IP Rights from us to you other than as expressly stated herein; and (ii) you do not and shall not claim any IP Rights in any of Our IP other than the limited licenses herein as are solely necessary for the purposes of using the Site, unless otherwise noted by written agreement between us and you.

 

    1. Derivatives.  To the extent that you create any Derivatives from any of Our IP, you represent, warrant, and agree that:  (i) any such Derivative shall be deemed to be wrongfully created and as such, such Derivative shall be owned by us; (ii) all right, title, and interest in and to any such Derivative shall automatically vest in us and be deemed paid-in-full and royalty free; (iii) we have no obligation to grant to you any right in any such Derivative; (iv) you thereby irrevocably assign to us any and all joint or individual ownership, rights, titles, and interests in and to such Derivative, including any and all IP Rights; (v) in the event that the assignments in this Section IV(c) do not provide us with full ownership, rights, titles, and interests in and to the Derivative, you hereby grant to us an unlimited, exclusive, freely and fully transferable, freely and fully assignable, irrevocable, paid-in-full, royalty-free, perpetual, worldwide license to Exploit in any and every way the Derivative as we see fit for any and every purpose, without restriction or limitation of any kind, with the right to sublicense each and every such right through multiple tiers of sublicensees; (vi) you hereby assign and transfer any and all IP Rights in any Derivative to us; (vii) you agree, where any IP Rights may not be assigned as a matter of law, to cooperate fully with us during the lifetime of such IP Rights, not to take any interest or action with regard to such rights that is contrary to our will and goals, and not to exercise any such IP Rights without our explicit prior written consent; and (viii) where any IP Rights may not be assigned as a matter of law, but may pass on to your heirs at law, you hereby disclaim any and all such IP Rights.

 

    1. DMCA Policy for Third-Party Copyright Protection.  We take IP Rights very seriously and demand the same from our Personnel, Affiliates, and Users and follow the required procedures on alleged copyright infringement of the DMCA.  The following are the procedures that we have adopted to comply with the DMCA:

 

      1. Notice of Infringement.  If a party believes that their copyright is being infringed by any third-party IP on our systems, the party (the “Notifying Party”) should send us notification in accordance with the DMCA (a “Notice of Infringement”). In accordance with the DMCA, when we receive a valid Notice of Infringement, we shall respond by removing the allegedly infringing IP (the “Disputed IP”) and take reasonable steps to contact the party who originated such Disputed IP (the “Originating Party”), so that a counter-notification (“Counter Notice”) may be filed.  On receiving a valid Counter Notice, we will provide the Notifying Party of the Counter Notice and typically restore the Disputed IP, unless we receive notice from the Originating Party that a legal action has been filed seeking a court order to restrain the Originating Party from further engaging in the allegedly infringing activity within ten (10) business days of notifying the Notifying Party of the Counter Notice.  Under the DMCA, a valid Notice of Infringement must: (A) be in writing; (B) clearly identify either: (1) the Disputed IP or (2) a reference or link to the where the Disputed IP is being referred to or linked to via our systems; and (C) include: (1) the Notifying Party’s current contact information; (2) Identification of the copyrighted work that is allegedly being infringed; (3) a statement that the Notifying Party has a good faith belief that the Disputed IP is being used improperly (i.e. without authorization from the valid copyright holder or the copyright holder’s agent, or in some other manner that constitutes copyright infringement); (4) a statement, under penalty of perjury, that the information in the Notice of Infringement is accurate and that the Notifying Party is authorized to act on behalf of the copyright owner; and (5) a physical or electronic signature.  This Notice of Infringement must be sent to our designated copyright agent as indicated in Section IV(d)(iii). A Notifying Party that knowingly misrepresents that Disputed IP is infringing a copyright may be held liable for damages, including costs and attorneys' fees, under the DMCA.

 

      1. Counter Notice.  If the Originating Party believes that the Disputed IP has been improperly removed as the result of a Notice of Infringement, the Originating Party may send us a Counter Notice.  In accordance with the DMCA, when we receive a valid Counter-Notice, we shall promptly notify the Notifying Party of the Counter Notice so that the Notifying Party may file a court order to restrain the Originating Party from further engaging in the allegedly infringing activity.  In accordance with the DMCA, we may restore the Disputed IP if the Notifying Party does not file such a court order within ten (10) business days of receiving the Counter Notice. Under the DMCA, a valid Counter Notice must: (A) be in writing; (B) clearly identify either: (1) the Disputed IP and (2) a reference or link to the where the Disputed IP was prior to the removal; and (C) include:  (1) the Originating Party’s current contact information; (2) a statement under penalty of perjury that the Originating Party has a good faith belief that the Disputed IP was removed or disabled as a result of a mistake or misidentification of the Disputed IP to be removed or disabled; (3) a statement that the Originating Party will consent to the jurisdiction of: (01) the federal district court for the judicial district in which the Originating Party is located or (02) any U.S. judicial district in which the Disputed IP may be found, if the Originating Party is not a U.S. resident; and (4) a statement that the Originating Party will accept service from the Notifying Party.  This Counter Notice must be sent to our designated copyright agent as indicated in Section IV(d)(iii). An Originating Party that knowingly misrepresents that Disputed IP was removed or disabled by mistake or misidentification may be held liable for damages, including costs and attorneys' fees, under the DMCA.

 

      1. Designated Copyright Agent.  Notices of Infringement and Counter Notices must be sent to:

 

MBEB Holdings, LLC

5403 Shoalwood Dr.

Austin, TX 78756

 

or

info at findrealestatejobs dot com

Subject Line:  Designated Copyright Agent

 

    1. Trademark Infringement Policy.  In the event that we receive Notice alleging that any IP infringes upon, dilutes, tarnishes, or otherwise violates a third party’s trademark rights, we may in our sole discretion, remove or disable access to such IP until we receive either:  (a) written confirmation from the third party sending such demand that the demand is withdrawn or has been resolved or (b) the party originating the Disputed IP submits sufficient evidence to satisfactorily rebut the allegations contained in such demand, the adequacy of such evidence to be determined by us in our sole discretion and which we may reject for any reason without penalty or liability.  

 

    1. Unsolicited Feedback.  We welcome any and all Feedback.  By submitting any such Feedback to us, you agree that we may, but shall have no obligation to, Exploit in any and every way such Feedback, as we see fit for any and every purpose, without restriction or limitation of any kind, and you thereby grant to us an unlimited freely and fully transferable, freely and fully assignable, irrevocable, paid-in-full, royalty-free, perpetual, worldwide license to the Feedback, with the right to sublicense each and every such right through multiple tiers of sublicensees.  You further agree not to permit or prosecute any Action on the ground that our Exploitation or alleged Exploitation of such Feedback infringes or violates any of your rights.

 

  1. Security.  We maintain our systems, our services, and all of Our IP in accordance with commercially reasonable industry standards to preserve the integrity and security of all related IP and User Information from accidental loss and from unauthorized Use or disclosure.  We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such information. We reserve the right to exercise whatever lawful means we deem necessary in our sole discretion to prevent unauthorized use of any of Our IP, including any and all technological barriers.  The Services utilize the public Internet and third-party networks, and we bear no responsibility for the security of the Internet or any third-party networks.  

 

  1. Privacy Policy.  We respect your privacy and are committed to protecting your personally identifiable information as you Use the Site.  The following privacy policy (the “Privacy Policy”) governs our Use of your Information.  

 

    1. The Information That We Collect.

 

      1. Automatically Collected Information.  When you Use the Site, we automatically collect certain analytical information.  This automatically collected information may include your IP Address, unique device or user identification, version of software installed on your accessing device(s), system type, the IP that you Use on the Site, the dates and times that you Use the Site, and other information that is publicly available any commonly collected.

 

      1. Personally Identifiable Information.  We only collect personally identifiable information that you voluntarily provide to us.  

 

    1. Use of Information.

 

      1. Automatically Collected Information.  We use automatically collected information to identify prior users of the Site, to track usage of our systems, to determine what services are in your geographical area so as to provide relevant information to you, to update and monitor the performance of the Site and our systems, and for analytical purposes to help us improve our services and  business in general. We may on occasion provide this information to an Affiliate to assist us in providing these functions and will provide this information in the aggregate to third parties as permitted by Regulation. 

 

      1. Personally Identifiable Information.  The personally identifiable information that you voluntarily provide to us may be used by us as permitted by Regulation. 

 

    1. Children.  OUR SYSTEMS AND SERVICES, THE SITE, AND OUR IP ARE NOT INTENDED FOR YOUNG CHILDREN.  PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT.  OUR SYSTMES, OUR SERVICES, AND OUR IP ARE NOT DIRECTED TO CHILDREN UNDER THIRTEEN (13) YEARS OF AGE AND WE DO NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER THIRTEEN (13) YEARS OF AGE.  IF WE LEARN THAT PERSONALLY IDENTIFIABLE INFORMATION OF PERSONS LESS THAN THIRTEEN (13) YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH OUR SYSTEMS, OUR SERVICES, OR OUR IP, THEN WE WILL TAKE THE APPROPRIATE STEPS TO ATTEMPT TO DELETE THIS INFORMATION.  IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THIRTEEN (13) YEARS OF AGE WHO HAS PROVIDED US WITH PERSONALLY IDENTIFIABLE INFORMATION, THEN PLEASE PROVIDE US NOTICE TO HAVE THAT INFORMATION DELETED IMMEDIATELY.

 

    1. Links.  The site may include Links.  Links are provided for your convenience and information only.  We do not control the availability of Links and Content available via Links.  Use of Links, including the IP, Materials, and services on or available through Links is solely at your own risk.  Any concerns regarding Links, or any information, resources, or services therein, should be directed to the operator of the particular Link. 

 

    1. GDPR.  FOR VISITORS HAILING FROM THE EUROPEAN ECONOMIC AREA OR OTHER NON-U.S. TERRITORIES, PLEASE NOTE THAT ANY CONTENT THAT YOU VOLUNTARILY PROVIDE US WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY US AS DESCRIBED HEREIN. 

 

    1. Information Disclosure.  We take law enforcement and security matters very seriously and endeavor to fully assist law enforcement personnel in accordance with the Communications Assistance for Law Enforcement Act, 47 USC §§1001-1010, USA PATRIOT Act, Pub. L. No. 107–56, (2001), Cybersecurity Information Sharing Act, Pub. L. No. 113–114, (2015) and other related Regulations.  However, we must also balance such request with regards to the requirements of applicable privacy related Regulations (the “Privacy Regulations”).  In order to effectively assist law enforcement without violation of the relevant privacy focused Regulations, we have developed our own compliance and a Systems Security and Integrity (“SSI”) modeled after the requirements of 47 C.F.R. § 1.20005, although we do not fall within the definition of a telecommunications carrier under 47 CFR § 52.5.  If you are a Regulatory Authority or a law enforcement agency deriving jurisdiction from a Regulatory Authority (“Lawful Authority”) seeking information via a subpoena, summons, court order, civil investigative demand, agency order, search warrant, or production order (“Law Enforcement Request”) the following guidelines are necessary for us to facilitate the effective processing of your Law Enforcement Request and observance of these guidelines will avoid delayed processing and receipt by you of the requested information.  Absent a valid Law Enforcement Request, in compliance with the Privacy Regulations, we will not release User Information upon a third-party request without express permission from such User or as otherwise permitted by law.  

 

      1. Law Enforcement Requests.  Our response to a valid Law Enforcement Request will typically be limited to the provisioning of information in our records related to a particular User.  Given the fluctuating volume of Law Enforcement Requests, the resources allocated by us to these Law Enforcement Requests, Law Enforcement Requests that are consistent with our submission guidelines hereinbelow will typically be answered in ten (10) business days (“the “Compliance Time”).  

 

        1. Submission.  All Law Enforcement Requests should be directed to:

 

Email:  info at findrealestatejobs dot com

Subject Line:  Law Enforcement Request

 

        1. Expediting.  If compliance is required in a period shorter than the typical Compliance Time, the submission email should include the following subject line:  Law Enforcement Request – Urgent.

 

      1. Civil Information Requests.   If You seek any User Information in connection with a civil legal matter, You must serve us with a valid subpoena for such information in connection with a civil matter as follows and agree in writing to compensate us for our subpoena response services as stated herein (a “Civil Information Request”).  We do not consent to service by any civil litigation party by any means other than pursuant to a valid Civil Information Request.

 

        1. Submission.  All Civil Information Requests should be directed to:  

 

Email:  info at findrealestatejobs dot com

Subject Line:  Civil Information Request

 

        1. Notice of Request.  If you submit a valid Civil Information Request, we may be required by Regulation to provide or attempt to provide notice of the same to the party whose User Information is sought.  In order to abide by the processes required by Regulation, the production of the requested User Information typically takes twenty (20) business days from the receipt of a valid Civil Information Request.  

 

        1. Objection.  Parties who object to the production of their User Information by us in response to a valid Civil Information Request should consult with an attorney.  Unless we receive a document from such party showing that such party is seeking a protective order or similar protection filed with an appropriate Regulatory Authority prior to the date that our response to a Civil Information Request is produced, we will disclose the User Information requested in compliance with the Civil Information Request.

 

        1. Fees.  In order to offset the costs of our cooperation in civil matters, we charge the following fees in association with civil matters: 

 

          1. Civil Information Request Compliance Fee.  We charge a flat fee of TWO HUNDRED AND FIFTY AND NO/00 U.S. DOLLARS ($250.00) for producing records in order to comply with a valid Civil Information Request, which must be submitted prior to the initiation of the production.  This fee includes research, courier, copying, and related costs. However, we reserve the right to increase the preceding flat fee at our discretion if we determine in our sole discretion that the Civil Information Request is seeking atypically voluminous records or in the event where retrieval of the necessary records requires atypical effort.  In such event, we will notify you of any such increase prior to the production of the requested information.  

 

          1. Testimony Fees.  If any of our Personnel is subpoenaed to appear in court to provide testimony, and the witness fee is not set by Regulation in the respective jurisdiction, we charge ONE HUNDRED AND FIFTY AND NO/00 U.S. DOLLARS per hour ($150.00/hr) billed by the quarter of the hour for such witness testimony, including travel time to and from court, plus the reasonable cost of travel, including mileage at the then current Internal Revenue Service rate, tolls, parking, airfare, rental car, train fare, taxi fare, or rideshare fare, food at a per diem rate of FIFTY AND NO/00 U.S. DOLLARS ($50.00) and lodging in accordance with our travel and expenses policies.  We reserve the right to request pre-payment of an amount that is one half (50%) of the reasonably estimated witness testimony fee.  

 

          1. Payment.  Payment of the aforementioned fees should be submitted to:

 

MBEB Holdings, LLC

5403 Shoalwood Dr.

Austin, TX 78756

 

  1. Third Parties.  You hereby acknowledge that this Agreement is between you and us, not any third party, including, but not limited to, you and our Affiliates or you and our Users, and that we are only responsible for our actions, our systems, our services, and Our Property, not the products, actions, services, or IP provided by any third party.  You hereby represent, warrant, and agree that we shall bear no responsibility for such third parties or the products and services provided to you by such parties, the actions of such third parties, or the IP provided to us by such third parties. Additionally, you are responsible for your actions and interactions with such third parties.

 

  1. Relationship of the Parties.  The Parties hereby represent, warrant, and covenant that:  (a) both Parties to this Agreement are and at all times shall remain independent contractors for all purposes; (b) this Agreement creates no agency, partnership, joint venture, trusteeship, franchisor-franchisee, or employee-employer relationship between the Parties; and (c) neither Party has the authority to bind the other Party or incur any obligation on the other Party’s behalf or represent, cause, or allow to be represented, encourage, aid, or abet any other third party in the making of representations that such third party possesses any such authority in any capacity, other than as specified in this Agreement.

 

  1. Security.   We maintain the Site and Our IP in accordance with commercially reasonable industry standards to preserve the integrity and security thereof.  We have implemented technical and organizational measures designed to secure such IP from accidental loss and from unauthorized access, use, alteration, or disclosure.  We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such IP. Perfect information security does not exist, and you use the Site at your own risk.

 

  1. Reservation of Rights.  We reserve all rights not expressly granted in this Agreement unless otherwise noted in writing.

 

  1. Warranties.  Each Party represents and warrants that:  (a) the Party has the right to enter into and fully perform the mutual covenants contemplated herein, consistent with this Agreement; (b) there is no outstanding contract, commitment, or agreement to which the Party is a party that conflicts with this Agreement; (c) the Party is not subject to any injunctions or settlement agreement with private or public parties that may limit the Party’s ability to comply with the terms of this Agreement; (d) the Party shall comply with all Regulations; and (e) the individual signing on behalf of the Party has the authority to bind the Party to the terms and conditions of this Agreement.  EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS, AND ALL SUCH WARRANTIES ARE DISCLAIMED. UNLESS OTHERWISE PROHIBITED BY LAW, OUR SYSTEMS OUR SERVICES, AND OUR PROPERTY IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY.  

 

  1. Limit of Liability.  NEITHER WE NOR OUR PERSONNEL OR AFFILIATES (THE “DISCLAIMING PARTIES”) SHALL BE LIABLE FOR ANY LACK OF SECURITY WHICH MAY BE EXPERIENCED NOT RESULTING FROM OUR NEGLIGENCE, MALFEASANCE, OR NONFEASANCE.  UNLESS OTHERWISE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF OUR SYSTEMS, OUR SERVICES, AND OUR PROPERTY AND YOU USE THEM AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES SHALL THE DISCLAIMING PARTIES TO THE EXTENT PROHIBITED BY LAW BE LIABLE TO YOU FOR DAMAGES IN AN AGGREGATE AMOUNT IN EXCESS OF THE FEES PAID TO US BY YOU UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRIOR TO THE DATE THE FIRST CLAIM AROSE.  UNDER NO CIRCUMSTANCES SHALL THE DISCLAIMING PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOSS OF BUSINESS, PROFITS, REVENUES, MONEY, DATA, GOODWILL, OR REPUTATION, LOSS OF ANTICIPATED BUSINESS, PROFITS, REVENUES, OR GOODWILL, OR OTHER INTANGIBLE LOSSESS, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, DAMAGE, OR INJURY OF ANY NATURE WHATSOEVER, ARISING OUT OF, IN CONNECTION WITH, RELATING TO, OR RESULTING FROM THIS AGREEMENT, OUR SYSTEMS, OUR SERVICES, AND OUR PROPERTY, INCLUDING, YOUR EXPLOITATION, YOUR INABILITY TO EXPLOIT, OR THE UNAVAILABILITY OF THE SITE, HOWEVER ARISING, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES, WILL THE DISCLAIMING PARTIES TO THE EXTENT PROHIBITED BY LAW, BE LIABLE FOR FAILURE TO PERFORM THE TERMS OF THIS AGREEMENT IF SUCH FAILURE IS DUE TO ANY CAUSE OR CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENTS, FAILURE OF YOU TO REASONABLY COOPERATE WITH US, OR OTHER SIMILAR CAUSES BEYOND OUR CONTROL. FURTHERMORE, NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING ANY OF THE FOREGOING, THE DISCLAIMING PARTIES’ FULL CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF ONE U.S. DOLLAR ($1.00).  THE LIMITATION OF LIABILITY IN THIS SECTION X OF THIS AGREEMENT APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT OR TORT, INCLUDING, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS; THE FOREGOING LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED. IF YOU ARE A CALIFORNIA RESIDENT YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AND ITS POLICIES AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.

 

  1. Indemnification.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE DISCLAIMING PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS, LOSSES, EXPENSES, TAX ASSESSMENTS, PENALTIES, INTEREST, AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, WHICH MAY HEREAFTER ARISE, DUE TO ANY AND ALL CLAIMS, SUITS, ACTIONS, AUDITS, INVESTIGATIONS, INQUIRIES, OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO:  (a) YOUR BREACH OF THIS AGREEMENT, (b) YOUR ACCESS TO OR USE OF THE SITE, OUR SYSTEMS, OUR SERVICES, ANY LINKS, OR ANY OF OUR PROPERTY; (c) ANY ACTUAL OR ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATIONS MADE HEREIN; OR (d) YOUR WILLFUL OR NEGLIGENT ACT OR OMISSION.

 

  1. International Use.  We make no representation that the Site, our systems, our services, or Our Property are appropriate or available for use in locations outside the U.S.  If you choose to access or use the Site, our services, or Our Property from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with the applicable Regulations of your jurisdiction.

 

  1. Dispute Resolution.

 

    1. Law and Venue.  The Parties agree that it is their intention and covenant that this Agreement, performance under this Agreement, any action at law or in equity arising out of or relating to this Agreement, us, our systems, our services, or Our Property and all suits and special proceedings relating to such, shall be construed in accordance with, under, and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law.  The Parties agree and covenant that any action at law or in equity arising out of or relating to this Agreement, our systems, our services, us, or any of Our Property will be filed only in the state or federal courts in and for the Austin Division of the Western District of Texas or the state courts in and for Austin, Travis County, Texas, and each Party hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submits to extraterritorial service of process.

 

    1. Legal Costs.  In the event that either Party institutes or brings an action at law or in equity to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover such Party’s costs incurred for the action, including reasonable attorneys’ fees, at trial and on every appeal, writ, petition, and motion.

 

  1. Notice.  All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing and shall be deemed received when transmitted:  (a) to the email address hereinunder, and confirmation of delivery or receipt is received, provided that if the date of receipt is not a business day, the notice, request, or communication shall be deemed not to have been received until the next succeeding business day; or (b) by overnight courier service or registered or certified mail or personal delivery, when sent to the respective Party’s address as listed hereinunder and received by such Party, provided that if the date of receipt is not a business day at the respective Party’s address, the notice, request or communication shall be deemed not to have been received until the next succeeding business day.

If to us:  

 

MBEB Holdings, LLC

5403 Shoalwood Dr.

Austin, TX 78756

 

Email:  info at findrealestatejobs dot com

Subject Line:  Legal Notice

 

b. If to you: by post to the Site or via the contact information that you provide to us.

  1. Changes.

 

    1. Change of this Agreement.  We may modify, alter, or otherwise update this Agreement at any time provided that we provide you reasonable Notice.  Your continued Use of the Site shall constitute your agreement to such changes.

 

    1. Changes to Our Systems, Our Services, Our IP, or Our Materials.  We may enhance, replace, modify, alter, change, or otherwise update the features of our systems, our services, Our IP, or Our Materials in our absolute and sole discretion without any Notice to You absent any written agreement between you and us.

 

  1. Assignment.  You may not assign or transfer, whether by operation of law or otherwise, any rights or delegate any duties under this Agreement to any third parties unless we give explicit prior written consent.  Any such attempted assignment by you, will be null and void ab initio absent our explicit prior written consent. We may assign or transfer our rights and duties under this Agreement without restriction.  

 

  1. Benefit of Parties.  This Agreement and the representations, warranties, covenants, indemnifications, and benefits herein shall be binding on and inure to the benefit of each Party and each Party’s Affiliates and their respective:  (a) predecessors, successors, and assigns, and (b) past and present attorneys, directors, members, managers, officers, representatives, shareholders, agents, employees, partners, and their respective executors, administrators, heirs, and legal and personal representatives.

 

  1. Severability.  To the extent permitted by Regulation, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect.  In the event that any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.  

 

  1. Maximum Restrictions Intended.  The Parties hereby acknowledge and agree that the time, scope, and geographic area and other provisions of this Agreement have been specifically negotiated by the Parties and are reasonable under these circumstances, and that if, despite the express agreement of the Parties, a court should hold any portion of this Agreement unenforceable for any reason, the maximum restrictions of time, scope, and geographic area, and other provisions are reasonable under the circumstances, as determined by the court, will be substituted for the restrictions held unenforceable.  

 

  1. Entire Agreement.  This Agreement contains the sole and entire agreement between the Parties regarding the subject matter herein and supersedes any and all other agreements between the Parties regarding the subject matter herein, unless otherwise agreed by the Parties in writing.  The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery of this Agreement, except such representations as are specifically set forth in this Agreement, and each of the Parties acknowledges that such Party has relied on such Party’s own judgment in entering into this Agreement.  The Parties further acknowledge that any statements or representations that may have previously been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with such Party’s dealings with the other.

 

  1. Survival.  Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of this Agreement shall survive and remain in effect after such happening.

 

  1. Construction.  This Agreement has been negotiated by the Parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party.  Each Party acknowledges that it has had the opportunity to discuss this matter with and obtain advice from its private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.  The headings referenced herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof. Any capitalized term in this Agreement shall have the meaning herein defined. Any capitalized term not defined herein shall be given the definition common to such term in the common parlance of the telecommunications technology community.  Any term in this Agreement written wholly in small capitalized letter shall be deemed a legal citation to relevant statutory law, reference to another executed document, or a name of a third party. The terms “herein”, “hereof”, “hereunder”, “hereinunder”, and “hereby” and other terms of similar import refer to this Agreement as a whole and not to any particular provision. The term “include,” “includes”, and “including” are deemed to be followed by the phrase “, but not limited to,”.  Additionally, throughout this Agreement when context requires, capitalized terms, singular nouns, and pronouns include the plural and possessive.  The following terms shall have the following definitions for the purposes of this Agreement:

 

    1. “Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory or otherwise, whether at law or in equity;

 

    1. “Affiliate” means, with respect to a Party, either:  (i) any third party that directly or indirectly Controls, is Controlled by, or is under common Control with such Party; (ii) any third party that owns or Controls ten percent (10%) or more of the outstanding voting interests of such Party; (iii) any officer, director, general partner, manager, managing member, or trustee of, or other similar third party serving in a similar capacity with respect to such Party; or (iv) any third party who is an officer, director, general partner, manager, member, trustee, or holder of ten percent (10%) or more of the voting interests of any third party described in Sections XXII(b)(i), XXII(b)(ii), or XXII(b)(iii);

 

    1. “Content” means IP or communications Shared by Users, or other third parties via our systems;

 

    1. “Control”, “Controlling”, or “under common Control with” means either the direct or indirect possession of the power to direct or cause the direction of the management and policies of a Party, whether through ownership of voting securities or the voting power to elect the directors or managers of such Party, by contract, or otherwise;

 

    1. “Damages” means any and all claims, liabilities, losses, expenses, or damages, including reasonable attorneys’ fees and expenses, and court costs;

 

    1. “Derivatives” means any and all IP or Materials that you wrongfully Developed based on any of Our IP;

 

    1. “Develop” means adapt, translate, modify, revise, condense, expand, compile, edit, reverse engineer, alter, enhance, abridge, create derivative works from, and further develop; 

 

    1. “Distribute” means to distribute, reproduce, collect, copy, make copies of, have copies made of, transmit, import, export, license, sub-license, sell, lease, rent, otherwise dispose of, and make available to Use; 

 

    1. “DMCA” means the Digital Millennium Copyright Act, 17 U.S.C. §§ 512, 201–1205, 1301–1332; 28 USC § 4001;

 

    1. “Exploit” means to Develop, Distribute, Market, and Use; 

 

    1. “Feedback” means any and all suggestions, recommendations, comments, complaints, or other unsolicited feedback regarding our systems, our services, or any of Our Property;

 

    1. “Force Majeure Event” means any cause or condition beyond a Party’s reasonable control, including any acts of god or the public enemy, acts of the government in either its sovereign or contractual capacity, fire, casualty, flood, hurricane, earthquake, epidemic, quarantine restrictions, natural or environmental disaster, war, civil unrest, terrorism, strike, shortages of labor or materials, freight embargoes, unusually severe weather, breakdowns, operational failures, electrical power failures, communication failures, lockout, riot, change of Regulation, insurrection, unavoidable delays, internet service provider failures or delays, denial of service attacks, the errors or failures of third parties or third-party systems, or other similar causes beyond such Party’s control;  

 

    1. “IP” means any and all information, intellectual property, or data whether in a tangible or intangible form;

 

    1. “IP Rights” means any and all joint or individual ownership, rights, titles, and interests in and to such certain IP as identified, including any and all related:  (i) copyrights, patents, trademarks, Trade Secrets, neighboring and related rights (droits voisins), database rights, design rights and rights in mask works, domain names, rights to know-how,  moral rights (droit moral), publicity rights, rights against unfair competition, and any other intellectual property rights of a similar nature arising under U.S. law, international convention, or any other Regulation anywhere in the known universe implied by law or equity or accruing under common law whether registered or unregistered, including any and all registrations, applications for registration, renewals, continuations, continuations-in-part, divisionals, reissues,  recapture rights, and extensions thereof; (ii) all goodwill related to or arising out of the foregoing; and (iii) all benefits, privileges, causes of action, and remedies relating to any of the foregoing under U.S. law, international convention, or any other Regulation anywhere in the known universe implied by law or equity, whether before or hereafter accrued, including the exclusive rights to apply for any and all related registrations, renewals, continuations, continuations-in-part, divisionals, reissues and/or extensions, to sue for all past infringements or violations of any the foregoing, and to settle and retain proceeds from any such actions;

 

    1. “Link” means such hyperlinked Content whether inline or anchored, including the hyperlink itself;

 

    1. “Market” means to market, demonstrate, publicly display, publicly perform, offer for Distribution, and use for marketing;

 

    1. “Materials” means any and all equipment, chattel, or tangible materials;

 

    1. “Notice” shall mean written notice given in accordance with Section XVI;

 

    1. “Our IP” means any and all IP owned or licensed by us or in our legal possession;

 

    1. “Our Materials” means any and all Materials owned or leased by us or in our legal possession;

 

    1. “Our Property” means any and all Property owned, licensed, or leased by us or in our legal possession;

 

    1. “Personnel” means the managers, officers, directors, employees, agents, and third-party contractors of a Party;

 

    1. “Property” means collectively IP, Materials, and real property;

 

    1. “Regulation” means any applicable law, statute, regulation, ordinance, rule, order, decree, or ruling as set forth by any Regulatory Authority;

 

    1. “Regulatory Authority” means any applicable federal, state, provincial, territorial, canton, parish, local, or other legal, governmental, judicial, administrative, or regulatory authority exercising proper jurisdiction over a Party or its Personnel;

 

    1. “Section” means the respective section of this Agreement as enumerated herein unless otherwise specified herein;

 

    1. “Share” means to make available, distribute, license, transmit, send, or otherwise provide Content via our systems;

 

    1. “Use” means to access, use or not use, reuse, install, and copy for use, and installation; 

 

    1. “User” means a party who Uses our systems, our services, or Our Property via a written contractual agreement other than this Agreement;

 

    1. “User Information” means all User information, including names, addresses, passwords, telephone numbers, fax numbers, email addresses, URLs, IP address numbers, device identifiers and serial numbers, ages, birthdates, social security numbers, biometric identifiers including finger and voice prints, genetic information, full face photographic images and any comparable images, account numbers, demographic information, financial information, transactional information, and any other unique identifying number, characteristic, or code, all information relating to medical records, including all medical record numbers, health plan beneficiary numbers, dates of admission, account numbers, and certificate/license numbers, all nonpublic personally identifiable information, and all nonpublic personal information of consumers as defined by the  Gramm-Leach-Bliley Act, Pub. L. 106-102, Section 628 of the Fair Credit Reporting Act, Section 216 of the Fair and Accurate Credit Transactions Act, the Health Insurance Portability and Accountability Act (HIPAA), and the Children's Online Privacy Protection Act; and

 

o. “Visitor” means an individual who accesses or uses the Site.