CONDITIONS OF USE
By using this website, you ("User") certify you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are directed to stop using the website immediately. Refined Collective only grants use and access of this website and the services to those who have become a member and to those who have accepted the terms of this Agreement. This Agreement constitutes a legally binding agreement made between you ("User") and Refined Collective ("Provider"), and governs your access and use the User's website. BY USING THE SITE YOU (A) REPRESENT THAT YOU ARE LICENSED REAL ESTATE AGENT; (B) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (C) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (D) YOU WILL NOT ACCESS THE SITE THROUGH AUTOMATED OR NON-HUMAN MEANS, WHETHER THROUGH A BOT, SCRIPT OR OTHERWISE; (E) WILL NOT SHARE LOG IN INFORMATION OR DATA RECEIVED ON THE SITE, EXCEPT AS SET FORTH IN THE SHARING PARAGRAPH SET FORTH BELOW; (F) WILL NOT USE THE SITE FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE; (G) ARE THE OWNER OF THE DATA BEING SUBMITTED OR POSTED AND HAVE THE NECESSARY LICENSES OR RIGHTS TO SUBMIT THE DATA AND USE THE LOGOS OR OTHER INFOMRATION; (H) REPRESENT THAT ALL OF THE INFORMATION YOU PROVIDE OR POST ON REFINED COLLECTIVE IS ACCURATE, TRUE AND NOT MISLEADING; (I) YOU ACCEPT THESE TERMS OF USE AND AGREE THAT THEY ARE AN AGREEMENT BETWEEN YOU AND US; (H) REPRESENT THAT YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SITE; AND (J) IN THE EVENT ANY OF THE DATE OR INFORMATION PROVIDED BY USER IS UNTRUE, DECEPTIVE OR MISLEADING, REFINED COLLECTIVE HAS THE SOLE DISCRETION TO TERMINATE YOUR ACCOUNT WITHOUT ANY REFUND. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
ACKNOWLEDGEMENTS AND LIMITATIONS
Refined Collective is not a member of NAR, GFWAR or any other association. Each participant assumes responsibility for their own decision to join and share listings on this site. The information contained in this website has not been verified by Refined Collective and all information contained herein is for informational purposes only and should be verified independently and / or with the listing broker. The owner(s) of this site disclaims any implied warranty or representation about its accuracy, completeness or current state for any particular purpose. This includes but is not limited to information provided by any third party which is accessed through this site via a hyperlink, copying or otherwise.
INTELLECTUAL PROPERTY RIGHTS
The Site and their features and functionality are owned by Refined Collective, its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you modify the features and functionality or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately. No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by Refined Collective. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS
Refined Collective's name, logo, designs, and slogans are trademarks of Refined Collective, which may be registered in the United States or other jurisdictions. You must not use such marks without the written permission of Refined Collective.
LICENSE / ASSIGNMENT OF RIGHTS
Your content remains the users, which means that you retain any intellectual property rights that you have in the content you submit / post. However, you are granting a license to Refined Collective to use the content you submit and post. The license is worldwide, non-exclusive and royalty-free. The license allows Refined Collective or its members and third parties to host, reproduce, distribute, communicate, and use your content without any payment or other compensation. Further the license permits Refined Collective to publish, publicly perform, or publicly display your content, if you've made it visible to others. Refined Collective can modify and reformat the content. All intellectual property submitted or posted shall automatically become non- confidential. The license is perpetual.
SHARING OF ACCESS AND DATA
It is agreed that the User will not share their log in information or data received on the Refined Collective website, except as follows:
- User may allow its unlicensed assistants, unlicensed transaction coordinators and other Texas agents employed by User to use its username and password.
- In no event shall someone not employed by User use the Refined Collective site, the User's user id or password or data from the Refined Collective site.
- User may share properties on the Site with clients which User represents pursuant to a valid buyer's representation agreement.
- Notwithstanding section 1 above, team members of an User that is licensed must have their own individual login and account to access the Refined Collective site.
RESERVATION OF RIGHTS
We reserve the right to access and use the Site, and any content and information therein, to the extent necessary to run the Site and make it available to you and others, to protect the Site, and to evaluate and improve the Site. With respect to any content or information that you enter into or provide the Site, we acknowledge that we do not own that content or information, but we have a license to use the information.
The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by us in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Site. We will not be liable if for any reason all or any part of the Site or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, in our sole discretion. Refined Collective may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.
PRIVACY PLATFORM
You hereby agree to receive solicitations and information relating to new properties. We also track web data statistics. We do have third party advertising serving ads on our website.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any laws relating to the protection of personal data of individuals).
- To defraud or mislead users or customers of the Site.
- To infringe upon the rights of others or to engage in activity that violates the privacy rights of others.
- To post, provide data or use intellectual property of others on this Site.
- To obtain data, content, material or logos from the site to create or compile the data in some other site or way without Refined Collective's permission.
- To remove or modify any copyright or other intellectual property notices that appear in the Site.
- To upload invalid data, worms, viruses, or other software agent to the Site.
- To use any software that intercepts, "mines," or otherwise collects information through or from the Site.
- To access or use the Site to develop competitive products or services.
- To access password protected, secure, or non-public areas of the Site.
- To create links from any website or webpage to any page within the Site.
- To impersonate any user or other authorized person.
- Circumvent any restrictions on access to or availability of the Site.
- Engage in activity that is harmful to you, the Site, or others.
- Infringe upon the rights of others.
- Engage in activity that violates the privacy of others.
UNAUTHORIZED USE
Violation of the Terms or the unauthorized use of this website may give rise to a claim to the User or a third party for damages and/or be a criminal offense.
DISCLAIMER
THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS PROVIDED BY THIRD PARTIES. REFINED COLLECTIVE AND ITS OFFICERS, CONTRACTORS AND EMPLOYEES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT AND REPRESENTATIONS LOCATED ON ANY THIRD-PARTY WEB SITES LINKED TO ANY REFINED COLLECTIVE WEBSITE, APP, SOCIAL MEDIA PLATFORM OR OTHER CONTENT (COLLECTIVELY "PLATFORMS" OR "SITE(S)"). NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS CONSUMER APPLICATION FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. USERS OF REFINED COLLECTIVE ARE EXPRESSLY INSTRUCTED TO VERIFY THE ACCURACY OF ALL INFORMATION SEEN ON THIS SITE OR ANY RELATED PLATFORM. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE REFINED COLLECTIVE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND WE ACCEPT NO LIABILITY FOR YOUR USE OF THIS INFORMATION. IT IS YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS CONSUMER WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFIT, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS CONSUMER WEBSITE. THROUGH THIS WEBSITE YOU MAY BE ABLE TO ACCESS OTHER CONSUMER APPLICATIONS WHICH ARE NOT UNDER OUR CONTROL. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT IMPLY A RECOMMENDATION OR AN ENDORSEMENT OF THE VIEWS EXPRESSED WITHIN THEM. EVERY EFFORT IS MADE TO KEEP OUR CONSUMER WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, OUR WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL. FURTHER, REFINED COLLECTIVE SHALL HAVE NO LIABILITY IN THE EVENT THE SITE BECOMES CORRUPTED OR DATA IS CORRUPTED.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY REFINED COLLECTIVE AND ITS AFFILIATES AND HOLD REFINED COLLECTIVE HARMLESS AGAINST LEGAL CLAIMS AND DEMANDS THAT MAY ARISE FROM YOUR USE OR MISUSE OF OUR SERVICES. WE RESERVE THE RIGHT TO SELECT OUR OWN LEGAL COUNSEL.
ARBITRATION
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1), and the place of arbitration shall be Tarrant County, Texas. The arbitration shall be held, and the award shall be rendered, in English. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
ACCOUNT TERMINATION
All purchases for subscriptions or date are non-refundable. Refined Collective reserves the right to terminate your account or terminate your access to the Site, at its sole discretion without any reimbursement. Further, Refined Collective reserves the right to pursue any legal and equitable actions against you in the event of a violation of any Terms contained herein or in any supplement.
APPLICABLE LAW / VENUE
By using the Refined Collective website, you agree that the laws of Texas, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Refined Collective and you, or its business partners and associates and any action shall be brought in Tarrant County, Texas.
TERM
The Terms shall remain in effect at all times you are a member and any time you are using the site or information obtained from the Site.
MODIFICATION OF TERMS
Refined Collective, in its sole discretion, may at any time and in its sole discretion, without prior notice, terminate, cancel, supplement, suspend or modify the terms of this Agreement. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms by your continued use of the Site after such terms are posted on this site. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. As a user of the Platform / Site, it is your responsibility to regularly review these Terms of Use.
CONTACT INFORMATION
This site is operated by Refined Collective.
If you are not a licensed agent, you may contact Refined Collective by emailing us at support@refcoclub.com, for potential access.
If you desire to contact Refined Collective or have feedback, comments, requests or in need of technical support, please email us at support@refcoclub.com
This Agreement is an understanding between Refined Collective and the User, and this supersedes and replaces all prior agreements regarding the use of this website.