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Hogan Properties Company, Inc. d.b.a.
Hogan Real Estate Services (HRES)
COPYRIGHT AND USER AGREEMENT.
USER AGREEMENT
By accessing or using this WEB site, you agree to be bound by these
terms and conditions set forth below. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. HOGAN REAL
ESTATE SERVICES (HRES and/or HOGANRE.COM) MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
BROKERS NOTICE: If you are a licensed real estate
agent and you plan to use the download information contained in the BROKERAGE LISTINGS section for presentations to your client/prospects, you
must present this download information along with the INFORMATION ABOUT
BROKERAGE SERVICES provided with property. If for some reason you are
unable to download this provided information, you are still required to
provide you own INFORMATION ABOUT BROKERAGE SERVICES pursuant to the rules
promulgated by the TEXAS REAL ESTATE COMMISSION. You hereby indemnify HRES
and it associates from any legal action that is caused by your failure to
provide your client/prospect with a copy of INFORMATION ABOUT BROKERAGE
SERVICES . Your failure to provide the required notice of BROKERAGE
SERVICES can not be an issue used in any legal action in which your or
your client/prospect attempts suit for damages due to your negligence or
refuses to pay real estate commissions earned by HRES because of your
negligence. All property information shown on this Web site contain
the following General Disclaimer:
It is HRES's policy to not intentionally or unintentionally violating
any of the following while participating in Real Estate Development,
Property Management and the Brokerage of Real Estate: Fair Housing
Act; State of Texas Real Estate Act; American with Disabilities Act;
Civil Rights Act; Equal Credit Opportunity Act.
The entire contents of the Site (hoganre.com) are protected by
international copyright laws. The owner of the copyrights are Hogan
Properties Company, Inc. d.b.a. Hogan Real Estate Services, its
affiliates, Managed Properties or third party licensers.
You may print and download portions of material from different areas of
the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
materials.
You may not post any defamatory, abusive, profane, threatening,
offensive, anti-competitive, or illegal materials. HRES does not condone
and will not be responsible for any such materials or resulting liability.
While HRES does not monitor for such materials, it reserves the right to
terminate access to any user who does not abide by these guidelines.
HRES makes no representations whatsoever about any other Web site which
you may access through this Site or which you may access through a link to
or from this Site. When you access a non-HRES Web site you must understand
that it is independent from HRES and that HRES has no control over the
content on that Web site. In addition, a link to the HRES Web site does
not mean that HRES endorses or accepts any responsibility for the content,
or the use, of such Web site.
You agree to indemnify, defend and hold harmless HRES, its officers,
directors, employees, agents, licensers, suppliers and any third party
information providers to our company from and against all losses,
expenses, damages and costs, including reasonable attorneys’ fees,
resulting from any violation of this agreement (including negligent or
wrongful conduct) by you or any other person accessing our Web Site.
In connection with your use of this Site, you agree you will not:
| Transmit any message, information, data, text, software or
images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, or otherwise objectionable that may
invade another's' right to privacy or publicity; |
| Impersonate any person or entity, including but not limited to,
an HRES employee, manager, agent, officer or director, or falsely
state or otherwise misrepresent your affiliation with a person or
entity. |
| Post or transmit any Material that contains a virus or corrupted
data; |
| Post or transmit any Material that you do not have a right to
reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements); |
| Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication
feature; |
| Use the Site’s communication features in a manner that
adversely affects the availability of its resources to other users
(e.g., excessive shouting, use of all caps, or flooding continuous
posting of repetitive text); |
| Post or transmit any unsolicited advertising , promotional
materials, "junk mail", "spam", "chain
letters", "pyramid schemes" or any other form of
solicitation or any non-resume information such as opinions or
notices, commercial or otherwise; |
| Upload or transmit any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of
any party; |
| Violate any applicable local, state, national or international
law; |
| Delete or revise any Material posted by any other person or
entity; or |
| Manipulate or otherwise display the Site by using framing or
similar navigational technology. |
This Agreement shall be governed and construed in accordance with the
laws of the State of Texas applicable to agreements made and to be
performed in Texas. You agree that any legal action or proceeding between
HRES and you for any purpose concerning this Agreement or the parties
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the county of Bexar, State of
Texas.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. HRES’s failure to insist
upon or enforce strict performance of any provision of this agreement
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. HRES may assign its rights and
duties under this agreement to any party at any time without notice to
you.
Any rights not expressly granted herein are reserved.
Some information on this Web site may contain projections or other
forward-looking statements regarding future events, proformas or the
future financial performance of properties or geographical areas. HRES
cautions you that these statements are only predictions and that the
actual events or results may differ materially.
We respect and are committed to protecting your privacy. That why we
have adopted this Privacy Policy and to let you know how your personal
information only in ways that are compatible with this Privacy Policy. The
following policies are only in effect for the Web pages, newsletters,
discussion papers or property work orders contained on our placed through
our Site.
When a visitor requests a page from an Web site within hoganre.com
network, our Web servers automatically recognize that visitor’s domain
name and IP address. The domain name and IP address reveal nothing
personal about you other than the IP address from which you have accessed
our site. We use this information to examine our traffic in aggregate, but
do not collect and evaluate this information for individuals. Our Web
servers do not record e-mail addresses of the visitors.
We may also request your e-mail address or mailing address for the
purposes of conducting a survey or to provide additional services (e-mail
news letters, announcement lists or property listing s). Whenever we
request the identity of a visitor, we will clearly indicate the purpose of
the inquiry before the information is requested. We maintain a strict
"No-Spam" policy, that means that we do not intend to sell,
rent, or otherwise give your e-mail address to a third-party, without your
consent.
We may from time to time send e-mail announcing new HRES services,
business announcements or property listings. If you choose to supply your
postal address in an online form, you may receive mailings or Fax
transmissions from HRES entities.
We will not disclose information to third parties. HRES will disclose
personal information when required by law or in a good faith belief that
such action is necessary to:
| Conform to the edicts of the law or comply with a legal process
served on HRES, |
| Protect and defend the rights or property of the HRES Site and
visitors to HRES Site, |
| Identify persons who may be violating the law, the legal notice,
or the rights of third parties, |
| Cooperate with the investigations of purported unlawful
activities. |
HRES uses reasonable precautions to keep the information disclosed to
us secure. HRES reserves the right to transfer information in connection
with the sale of all or part of HRES’s capital stock or assets.
Furthermore, we are not responsible for any breach of security or for any
actions of any third parties which receive the information. Hoganre.com
also links to a variety of other sites and contains information of third
parties. We are not responsible for their privacy policies or how they
treat information about their users. HRES does not share any of the
individual personal information you provide HRES with the sites to which
hoganre.com links.
Please check with those sites to determine their privacy policy.
Please keep in mind that whenever you voluntarily disclose personal
information online that information can be collected and used by others.
In short, if you post personal information online that is accessible to
the public, you may receive unsolicited messages from other parties in
return.
Ultimately, you are solely responsible for maintaining the secrecy of
your personal information. Please be careful and responsible whenever you’re
online.
By using our Web site, you consent to the collection and use of
information by HRES and hoganre.com as specified above. If we decide to
change our private policy we will post those changes on this page so that
you are always aware of what information we collect, how we use it, and
under what circumstances we disclose it.
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