TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Terms of Use (this “Agreement”) concern any websites (together with their respective pages and features, the “Platform”) operated, hosted, and/or published by NetWorth Realty, LLC (together with its affiliates, “Company”) and all associated services and products provided on, through, or in relation to the Platform (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Platform or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and Company on the other side. You and Company are sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties.”

Please read this Agreement carefully before accessing or using the Platform and/or the Services because it constitutes a legally binding contract between you and Company. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for Binding Arbitration and waivers of jury trials and class actions.

You are automatically accepting and agreeing to the most recent version of this Agreement whenever you access or use the Platform or the Services, and your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from accessing or using the Platform or the Services.

Company may supplement, amend, or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Platform, as Company deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you access or use the Platform or the Services.

1 Eligibility. The Platform is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By accessing or using the Platform or the Services, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Platform or the Services.
2 Privacy. Company respects the privacy of others. Company’s policies concerning the collection and use of your personal information in connection with the Platform are set forth in the Platform’s Privacy Policy, which you should carefully review each time you access or use the Platform or the Services.
3 Your Devices. Certain portions of the Platform may be configured for, and Company may offer the Platform through, certain computers, tablets, smart phones or other electronic devices (“Devices”), and this Agreement shall apply with equal force and measure to your access and use of the Platform through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Platform. All or any part of the voice, message and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your access or use of the Platform. Company is not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges and taxes which may apply, if any.
4 Ownership. The Platform and all elements and derivatives of the Platform (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by Company. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Company’s or its licensors’ respective rights and remedies under applicable law.
5 User Account.
5.1 Registration. As explained further herein, to secure the right to access and use the registration-only pages or features of the Platform, you may be required to register with and create a personal user account with Company through the Platform (a “User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions, and policies referenced herein, as Company may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Company (including, for example, providing additional information to Company and entering into additional agreements with Company). Unless otherwise permitted by Company in writing, you may only have one (1) non-transferable User Account.
5.3 Indemnification in Connection with User Account. If you fail to comply with any terms or conditions of Section 5(b) above (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized changes to your User Account information and settings, and any unauthorized access or use of your User Account); and you agree to indemnify, release, and hold harmless Company, Company’s subsidiaries and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by or asserted against any such indemnitees, arising out of or in connection with your failure to comply with such terms or conditions.
6 Rights, Permissions, and Consents.
6.1 License of the Platform. Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Platform, and to view the information and content found thereon. You may only access the Platform and the Services for the permitted purposes set forth herein. Your unauthorized use of the Platform, or any breach by you of this Agreement, automatically terminates this license.
6.2 License of User Materials. All names, information, statements, communications, and any other content that you submit to or publish on, through, or in relation to the Platform, including those which you submit to or publish on any online social media account that you own and link or otherwise associate with the Platform, if any and as applicable, is hereinafter defined as the “User Materials”. You hereby grant Company an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for Company to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any language, manner, medium, or form, whether now known or hereinafter devised, as Company sees fit in its sole discretion. For the avoidance of doubt, the foregoing is not intended to conflict with any provision of the Privacy Policy.
6.3 Reservation of Rights. Nothing in this Agreement restricts or limits Company’s rights, title, or interests in or to the Platform, the Services, the User Materials, or any elements or derivatives of the foregoing.
6.4 Warnings; Disclaimers. Please note that the User Materials might become the subject of public disclosure. Thus, Company is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement. For the avoidance of doubt, the foregoing is not intended to conflict with any provision of the Privacy Policy.
7 Suspension or Termination of Service; Disclaimer. Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Platform. Company shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspension or termination (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).
8 Products and Services. Company or its affiliates or licensees might offer, market, or otherwise make available various products or services (which may include Company’s own products and services or the products and services of third parties) on, through, or in relation to the Platform, some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you by Company or which may be available exclusively online or in limited quantities on or through the Platform. Company has the right to refuse its products and services to you or to any geographic region or jurisdiction, including if it suspects that you are in any way involved in fraudulent or illegal activity, and may contact your payment method issuer, law enforcement, or others and share information relating to you, as applicable, if Company believes doing so will prevent a violation of the law or financial loss. Prices for, and descriptions of, any products or services listed or marketed on or through the Platform are subject to change without notice and in the sole discretion of Company. Company reserves the right to discontinue any product or service at any time.
9 Electronic Communications.
9.1 Express Consent. You hereby expressly consent to Company sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Company deems appropriate in its sole discretion, whether through the Platform, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Company products or services.
9.2 E-mail Opt-Out. You may opt-out of receiving any electronic messages from Company as described in Section 9(a) above at any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to privacy@networthrealtyusa.com with a subject line of “Opt-Out of Electronic Communications”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Platform and/or your ability to receive certain messages or notifications from Company.
10 Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Platform: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Company or its licensors with respect to the Platform); (c) the reproduction of the Platform or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Company herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statements on, through, or in relation to the Platform that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval or copying of any information or content found on, through, or in relation to the Platform or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Platform or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Platform or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Platform or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Platform or its servers; or (n) any other act that Company becomes aware of and believes in good faith is improper, illegal, or harmful to the Platform, its servers, or any person, entity, or property.
11.2 Disclaimer About Linked Technologies. Company is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content). Company does not make, nor has Company made, any representations or warranties (whether express, implied, or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Platform may link to or from any Linked Technologies constitute an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk.
12 Take Down. Company reserves the right, but not the obligation, to take down or otherwise exclude from the Platform, without notice or recourse, any communications, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Platform that Company believes, at any time and in its sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that Company considers unsuitable for the Platform or its users.
13 User Representations, Warranties, and Covenants. You represent, warrant, and covenant to Company that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Platform, the Platform’s servers or any information, communications, or content found on or through them; (g) you are the exclusive owner of all rights, title, and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (l) Company is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Company in connection with your access or use of the Platform and/or the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
14 Disclaimers and Limitations.
14.1 General Disclaimer. Your access or use of the Platform or any products or services made available to you on, through, or in relation to the Platform (including, without limitation, the Services) in any way is done at your own risk. The Platform, those products and services (including, without limitation, the Services), the success or performance of the Platform or those products and services (including, without limitation, the Services) and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through, or in relation to the Platform or those products and services (including, without limitation, the Services) are provided to you on an “as is”, “where is”, “as available”, and “with all faults” basis and without any warranty. Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the Platform, any of those products and services (including, without limitation, the Services), any such information, communications, content, and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, or safety. Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability, and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Platform, those products and services (including, without limitation, the Services), any such information, communications, content or features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, and safety. Company does not make, nor has Company made, any affirmation of fact, promise or warranty (whether express, implied, or otherwise) relating to the Platform, those products and services (including, without limitation, the Services), or any such information, communications, content, or features or its success, performance, functionality, quality, completeness, accuracy, reliability, marketability, or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.
14.2 Disclaimer About System Delays. You understand and acknowledge that the Platform may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks and facilities that are outside of Company’s control. Accordingly, Company shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities, or damages associated with the Platform which result from any system delays, downtimes, interruptions, or other failures of, or problems with, the Platform which are outside of Company’s control (including, without limitation, scheduled maintenance or network failure).
14.3 Disclaimer About Certain Information, Communications and Content. Any opinions, advice, reviews, statements, offers, or other information, communications or content found on, through or in relation to Company, the Platform, the Services, or any third-party providers (including, without limitation, online forums, other websites, advertisements, and social media pages) are those of their respective authors, and not necessarily those of Company; thus, they should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information, communications, or content. Company does not guarantee, adopt, or endorse the accuracy, completeness, reliability, or usefulness of any such information, communications, or content, even if Company is the author. Company is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content. Under no circumstances shall Company be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications, or content.
14.4 Limitation of Liability. In no event shall Company, any of Company’s subsidiaries or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with: (i) your access or use of the Platform, or your inability to access or use the Platform or the Services; (ii) any products or services (including, without limitation, the Services) made available on, through, or in relation to the Platform; (iii) any statements, content, or conduct of any third party on, through or in relation to the Platform or any such products or services (including, without limitation, the Services); (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s) or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Platform or any such products or services (including, without limitation, the Services); or (viii) any acts, errors, or omissions of any third-party providers. If you are dissatisfied with the Platform or any products or services offered (including, without limitation, the Services), sold, licensed, or made available on, through, or in relation to the Platform, then your sole and exclusive remedy is to discontinue your access and use of the Platform and such products and services (including, without limitation, the Services).
14.5 Limitation of Remedies. If Company breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative, exemplary, or punitive damages arising out of or in relation to such breach or other violation, even if Company has been notified of the possibility of such damages.
14.6 No Injunctive Relief. If Company breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Platform and/or any products or services made available on, through, or in relation to the Platform (including, without limitation, the Services) as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement); provided, that any such non-precluded cause of action or claim in connection with such monetary remedies must be commenced within one (1) year after the cause of action or claim accrues, or else such cause of action or claim is permanently barred.
14.7 Consumer Protections. The disclaimers and limitations set forth in this Section 14 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
You also hereby waive any rights you may have under Section 1542 of the California Civil Code and any other statute or common law principle of similar effect, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.
16 Indemnification. You hereby agree to indemnify, release, and hold harmless Company, Company’s subsidiaries and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Platform or any products or services made available on, through, or in relation to the Platform (including, without limitation, the Services) in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
17 Governing Law. This Agreement, the additional terms, conditions, and policies referenced herein (including the Platform’s Privacy Policy), your access or use of the Platform or any Services, your registration with the Platform, any transactions made in relation to the Platform, any products or services purchased in relation to the Platform (including, without limitation, the Services), the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of the State of Texas in the United States of America and the applicable federal laws of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.
18 Dispute Resolution.
18.1 Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies referenced in this Agreement (including the Platform’s Privacy Policy), your access or use of the Platform or the Services, any transactions made on, through, or in relation to the Platform, any products or services purchased on, through, or in relation to the Platform (including, without limitation, the Services), and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. Each Party acknowledges and agrees that such Party is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
18.2 Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
18.3 Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Harris County, Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
18.4 Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for the arbitrator’s decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorneys’ fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this Section 18. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, United States of America, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.
18.5 Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
18.6 Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Harris County, Texas, United States of America and the United States federal courts in the Southern District of Texas, Houston Division, for the litigation of said Dispute, and covenants and agrees that neither of the foregoing is an inconvenient venue or forum.
18.7 Waiver of Jury Trial and Class Action. Regardless of whether a particular dispute is subject to arbitration or litigation, and to the fullest extent permitted by law, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceeding.
19 General Provisions.
19.1 Notice. Unless otherwise expressly stated in this Agreement, Company may give or deliver all other notices to you by means of a general notice posted on this or another page of the Platform, as applicable, or by email to your email address as you may provide to Company on or through the Platform, and such notices shall be deemed effective as of their stated effective dates.
19.2 Relationship. In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Platform, or a Party’s access or use of the Platform or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and Company.
19.3 Force Majeure. Company shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Company’s reasonable control, and the time for Company’s performance shall be extended by the period of any such delay. Company reserves the right to apportion its production among its customers as it may determine.
19.4 Termination; Survival. If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: (i) all defined terms under this Agreement; (ii) all rights and privileges under this Agreement which were granted to or accrued in favor of Company, any of Company’s subsidiaries or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees as of the date of this Agreement’s termination; (iii) all payments which accrued as of the date of termination; (iv) all disclaimers, limitations of liability and limitations of remedies; and (v) all representations, warranties, covenants, certifications, releases, indemnifications, and promises made by you under this Agreement.
19.5 Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
19.6 No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion.
19.8 Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
19.9 Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.
19.10 Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
20 Contact Us. Please direct any questions you may have about the Platform or this Agreement to privacy@networthrealtyusa.com with a subject line of “Platform Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Agreement.
21 Modification Date. This Agreement was last updated on August 12, 2024.
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PRIVACY POLICY

NetWorth Realty USA, LLC (“NetWorth”) respects the privacy of others. This Privacy Policy explains NetWorth’s privacy practices for the NetWorth website located at www.networthrealtyusa.com (together with its pages and features, “Site”) by providing you and any person helping you visit, access, register with or use the Site (collectively, “you” or “your”) with an overview of the following:
  • The type of information about you that NetWorth collects through the Site;
  • How that information is collected;
  • How that information is used;
  • Who will have access to that information; and
  • NetWorth’s security measures for protecting that information.
This Privacy Policy applies to information collected through the Site. Carefully read this Privacy Policy in its entirety. When you create, register or log into an account through the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s Terms and Conditions. Similarly, by visiting, accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s Terms and Conditions, and your continuing visit, access or use of the Site reaffirms your acceptance and agreement in each instance. As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that NetWorth may collect from you.
  1. A Special Note About Minors.
The Site is a general audience website intended for use by adults. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. NetWorth does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age. If NetWorth obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that NetWorth remove content or information about you that is posted on the Site. Please submit any such request (“Request for Removal of Minor Information”) to any one of the following:
By mail: NetWorth Realty USA, LLC-Privacy Department, 7703 N. Lamar Blvd., Suite 205, Austin, TX 78752 with a subject line of “Removal of Minor Information.” By email: privacy@networthrealtyusa.com with a subject line of “Removal of Minor Information.”
Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site. Also, please note that NetWorth is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires NetWorth to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when NetWorth anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information. The foregoing is a description of NetWorth’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that NetWorth is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
  1. Categories of Information Collected.
NetWorth may collect personal and non-personal information about you through the Site.
  1. Categories of Information Collected Through the Site. The categories of personal and non-personal information collected from you through the Site might include your:
Name (first, last and/or middle) and unique identifiers (e.g., username); Login information for the Site (e.g., username, password, security questions and answers); Home contact information (e.g., mailing address, email address, telephone number, fax number); Gender; Date of birth; Electronic signature; Photographic or video image to the extent provided by you to NetWorth; The results of any questionnaires, tests, surveys, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of our products and/or services; Billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history); Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number); Computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/existing web pages, web page requests, cookie information, hardware attributes, software attributes); Third-party website, network, platform, server and/or application information (e.g., LinkedIn, Facebook, etc.); Usage activity concerning your interactions with the Site, and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers and applications being accessed through the Site); Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections); Transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site); Information about third parties that you refer to NetWorth (e.g., name, email and/or other contact information, relationship); Information set forth in the Site’s online account registration, subscriber profile, and/or subscriber directory forms completed by you; and/or Statements or content (e.g., comments, test results, videos, photographs, images), and information about such statements or content, which you submit, create, or publish on or through the Site, or which are accessed via your public or linked social media pages (e.g., LinkedIn, Facebook, etc.).
  1. Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access or use the Site, then additional categories of personal and non-personal information collected from you through the Site might include:
Your name associated with your mobile device; Your telephone number associated with your mobile device; Your mobile device ID information; With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device; and/or With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps).
  1. How Information Is Collected.
NetWorth might collect personal and non-personal information from you when you visit, access or use the Site; when you register with or subscribe to the Site; when you register for or subscribe to the products and/or services of NetWorth online through the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever NetWorth asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire or take tests on through the Site. In addition, if you or a third party sends NetWorth a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then NetWorth may collect any personal or non-personal information provided therein or therewith. Finally, NetWorth might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
For further information about cookies, visit www.allaboutcookies.org.
Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities. Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the website. Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which NetWorth might use include Google Analytics. NetWorth may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly. By visiting, accessing or using the Site, you acknowledge and agree in each instance that you are giving NetWorth permission to monitor or otherwise track your activities on the Site, and that NetWorth may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
  1. Use of Information Collected.
NetWorth may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:
Fulfill your requests; Process your payments; Facilitate your movement through the Site; Facilitate your use of the Site and its products and/or services; Send you communications like, for example, administrative emails, answers to your questions and updates about the Site; Provide you with information about NetWorth, and/or its businesses, products and services by letter, email, text, telephone or other forms of communication; Provide you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication; Improve the Site and/or their respective content, features and/or services; Improve the products, services, marketing and/or promotional efforts of NetWorth; Create new products, services, marketing and/or promotions for NetWorth; Market the businesses, products and/or services of NetWorth; Help personalize user experiences with the Site, its products and/or services; Analyze traffic to and through the Site; Analyze user behavior and activity on or through the Site; Conduct research and development activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to NetWorth, the Site, and/or its products and/or services; Monitor the activities of you and others on or through the Site; Place and track orders for products on your behalf; Protect or enforce NetWorth’s rights and properties; and/or Protect or enforce the rights and properties of others (which may include you).
NetWorth reserves the right to use your personal and non-personal information when:
Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or NetWorth believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of NetWorth, a user of the Site, which may include you, or anyone else who may be harmed by such activities, or to further NetWorth’s legitimate business interests).
  1. Sharing of Information Collected.
NetWorth reserves the right to share your personal information with NetWorth’s employees, agents, administrators, accountants, financial advisors and legal advisors; and with those third parties who help manage, administer, distribute and/or operate the Site. In certain cases, NetWorth may be required to disclose personal information to investigate, prevent, or take action concerning: (1) legal requests; (2) the enforcement of our Terms and Conditions; (3) the protection of our rights, property, or personal safety or the rights, property, or personal safety of our users and the public; (4) our exercise of legal rights; and (5) any other disclosure required by law. NetWorth does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, NetWorth may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities. You may choose to share certain information and/or follow other users on the Site. You may choose to share your contact information with other users or provide it publicly.
  1. Data Retention.
NetWorth may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Site, and/or NetWorth. For example, NetWorth will retain information regarding all customers for the life of the business. NetWorth may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by NetWorth or as required by law.
  1. Third Party Applications and Networks.
The Site, and/or any communications sent through or as a function of the Site may contain links to third-party websites, networks, platforms, servers and/or applications. To the fullest extent permitted by law, NetWorth is not responsible for, and you hereby release NetWorth from any and all liability which may arise from, such third party websites, networks, platforms, servers and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications). You may have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. NetWorth may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications). It is your responsibility to carefully read, accept and comply with the relevant terms of use, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers and applications.
  1. Security.
NetWorth implements security measures to help protect the personal information it collects through the Site. To the extent applicable, NetWorth may also encrypt the transmission of information through the Site by using secure socket layer (SSL) technology. Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet. Therefore, your access and use of the Site, and your opening of any communications sent through or as a function of the Site, are done at your own risk. To help maintain the security of your personal information, NetWorth asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).
  1. Retention, Review, and Change of Information Collected.
You may request at any time that NetWorth provide you with an opportunity to review and change your personal information collected through the Site or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to any one of the following: By mail: NetWorth Realty USA, LLC - Privacy Department, 7703 N. Lamar Blvd. Suite 205, Austin, TX 78752, with a subject line of “Your Personal Information.” By email: privacy@networthrealtyusa.com, with a subject line of “Your Personal Information.” For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:
a. The nature of your request; b. That the request is related to “Your Personal Information;” c. Your name, street address, city, state, zip code and email address; and d. Whether you prefer to receive a response to your request by mail or email.
If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. NetWorth will not accept a Request Concerning Personal Information via telephone or facsimile. NetWorth is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
  1. Your Privacy Rights.
You can exercise your privacy rights in accordance with applicable law by contacting us at privacy@networthrealtyusa.com or in any of the ways set forth in Section 17, below. You have multiple privacy rights, subject to applicable law, with respect to the personal information we process about you.
  • Opt-out of our use or sharing of your personal information and sensitive personal information. You may withdraw your consent you have previously provided for the processing of personal information about you, including for email marketing by NetWorth.
  • Delete personal information. You can ask us to erase or delete all or some of the information about you.
  • Change or correct personal information. You can edit some of the information about you. You can also ask us to change, update or fix information about you in certain cases, particularly if it is inaccurate.
  • Object to, limit or restrict use of personal information. You can ask us to stop using all or some of the information about you (for example, if we have no legal right to keep using it) or to limit our use of it (for example, if the information about you is inaccurate).
  • Right to access and/or have your information provided to you. You can also ask us for a copy of information about you and can ask for a copy of information about you provided in machine readable form if you reside in California or other jurisdictions that provide you with this right as a matter of law.
Notwithstanding the above, please note that we may still need to retain personal information necessary to provide you with products or services you have purchased or as otherwise permitted by applicable law. 12. california privacy rights If you are a California resident, you may request that we:
1. disclose to you the following information covering the 12 months preceding your request:
  • the categories and specific pieces of personal information we collected about you and the categories of personal information we sold;
  • the categories of sources from which we collected such personal information;
  • the business or commercial purpose for collecting or selling personal information about you; and
  • the categories of third parties to whom we sold or otherwise disclosed personal information.
2. delete personal information we collected from you; or 3. opt-out of any future sale of personal information about you.
You can exercise your California privacy rights in accordance with applicable law by writing to us at privacy@networthrealtyusa.com or by calling us toll-free at 1-888-870-8711. We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of a Californian resident, please reach out to us via the inquiry form and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a Californian resident. 13. Users outside the united states. We are headquartered in the United States of America. Personal information may thus be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information. We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored. 14. Modifications of this Privacy Policy. NetWorth may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you. Such supplements, amendments and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Site. Again, by visiting, accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of the Site’s Terms and Conditions, and your continuing visit, access or use of the Site reaffirms your acceptance and agreement in each instance. 15. Mergers, Acquisitions, and Other Business Transactions. NetWorth may decide to sell, buy, merge, or otherwise reorganize its business. If that occurs, you will be notified via email or a prominent notice on our website of any ownership change and any changes in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We seek appropriate protection for personal information in these types of transactions. 16. Severability. If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining Terms and Conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy. 17. Contact Us. Please direct any questions you may have about this Privacy Policy, the Site to any one of the following:
By mail: NetWorth Realty, 7703 N. Lamar Blvd. Ste, 205, Austin, TX 78752, with a subject line of “Privacy Policy.” By email: privacy@networthrealtyusa.com with a subject line of “Privacy Policy.”
The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy. 18. Modification Date. This Privacy Policy was last modified on August 12, 2024.  
TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Terms of Use (this “Agreement”) concern any websites (together with their respective pages and features, the “Platform”) operated, hosted, and/or published by NetWorth Realty, LLC (together with its affiliates, “Company”) and all associated services and products provided on, through, or in relation to the Platform (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Platform or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and Company on the other side. You and Company are sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties.”

Please read this Agreement carefully before accessing or using the Platform and/or the Services because it constitutes a legally binding contract between you and Company. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for Binding Arbitration and waivers of jury trials and class actions.

You are automatically accepting and agreeing to the most recent version of this Agreement whenever you access or use the Platform or the Services, and your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from accessing or using the Platform or the Services.

Company may supplement, amend, or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Platform, as Company deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you access or use the Platform or the Services.

1 Eligibility. The Platform is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By accessing or using the Platform or the Services, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Platform or the Services.
2 Privacy. Company respects the privacy of others. Company’s policies concerning the collection and use of your personal information in connection with the Platform are set forth in the Platform’s Privacy Policy, which you should carefully review each time you access or use the Platform or the Services.
3 Your Devices. Certain portions of the Platform may be configured for, and Company may offer the Platform through, certain computers, tablets, smart phones or other electronic devices (“Devices”), and this Agreement shall apply with equal force and measure to your access and use of the Platform through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Platform. All or any part of the voice, message and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your access or use of the Platform. Company is not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges and taxes which may apply, if any.
4 Ownership. The Platform and all elements and derivatives of the Platform (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by Company. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Company’s or its licensors’ respective rights and remedies under applicable law.
5 User Account.
5.1 Registration. As explained further herein, to secure the right to access and use the registration-only pages or features of the Platform, you may be required to register with and create a personal user account with Company through the Platform (a “User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions, and policies referenced herein, as Company may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Company (including, for example, providing additional information to Company and entering into additional agreements with Company). Unless otherwise permitted by Company in writing, you may only have one (1) non-transferable User Account.
5.3 Indemnification in Connection with User Account. If you fail to comply with any terms or conditions of Section 5(b) above (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized changes to your User Account information and settings, and any unauthorized access or use of your User Account); and you agree to indemnify, release, and hold harmless Company, Company’s subsidiaries and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by or asserted against any such indemnitees, arising out of or in connection with your failure to comply with such terms or conditions.
6 Rights, Permissions, and Consents.
6.1 License of the Platform. Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Platform, and to view the information and content found thereon. You may only access the Platform and the Services for the permitted purposes set forth herein. Your unauthorized use of the Platform, or any breach by you of this Agreement, automatically terminates this license.
6.2 License of User Materials. All names, information, statements, communications, and any other content that you submit to or publish on, through, or in relation to the Platform, including those which you submit to or publish on any online social media account that you own and link or otherwise associate with the Platform, if any and as applicable, is hereinafter defined as the “User Materials”. You hereby grant Company an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for Company to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any language, manner, medium, or form, whether now known or hereinafter devised, as Company sees fit in its sole discretion. For the avoidance of doubt, the foregoing is not intended to conflict with any provision of the Privacy Policy.
6.3 Reservation of Rights. Nothing in this Agreement restricts or limits Company’s rights, title, or interests in or to the Platform, the Services, the User Materials, or any elements or derivatives of the foregoing.
6.4 Warnings; Disclaimers. Please note that the User Materials might become the subject of public disclosure. Thus, Company is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement. For the avoidance of doubt, the foregoing is not intended to conflict with any provision of the Privacy Policy.
7 Suspension or Termination of Service; Disclaimer. Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Platform. Company shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspension or termination (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).
8 Products and Services. Company or its affiliates or licensees might offer, market, or otherwise make available various products or services (which may include Company’s own products and services or the products and services of third parties) on, through, or in relation to the Platform, some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you by Company or which may be available exclusively online or in limited quantities on or through the Platform. Company has the right to refuse its products and services to you or to any geographic region or jurisdiction, including if it suspects that you are in any way involved in fraudulent or illegal activity, and may contact your payment method issuer, law enforcement, or others and share information relating to you, as applicable, if Company believes doing so will prevent a violation of the law or financial loss. Prices for, and descriptions of, any products or services listed or marketed on or through the Platform are subject to change without notice and in the sole discretion of Company. Company reserves the right to discontinue any product or service at any time.
9 Electronic Communications.
9.1 Express Consent. You hereby expressly consent to Company sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Company deems appropriate in its sole discretion, whether through the Platform, through your User Account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Company products or services.
9.2 E-mail Opt-Out. You may opt-out of receiving any electronic messages from Company as described in Section 9(a) above at any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to privacy@networthrealtyusa.com with a subject line of “Opt-Out of Electronic Communications”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Platform and/or your ability to receive certain messages or notifications from Company.
10 Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Platform: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Company or its licensors with respect to the Platform); (c) the reproduction of the Platform or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Company herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statements on, through, or in relation to the Platform that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval or copying of any information or content found on, through, or in relation to the Platform or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Platform or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Platform or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Platform or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Platform or its servers; or (n) any other act that Company becomes aware of and believes in good faith is improper, illegal, or harmful to the Platform, its servers, or any person, entity, or property.
11.2 Disclaimer About Linked Technologies. Company is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content). Company does not make, nor has Company made, any representations or warranties (whether express, implied, or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Platform may link to or from any Linked Technologies constitute an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk.
12 Take Down. Company reserves the right, but not the obligation, to take down or otherwise exclude from the Platform, without notice or recourse, any communications, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Platform that Company believes, at any time and in its sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that Company considers unsuitable for the Platform or its users.
13 User Representations, Warranties, and Covenants. You represent, warrant, and covenant to Company that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Platform, the Platform’s servers or any information, communications, or content found on or through them; (g) you are the exclusive owner of all rights, title, and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (l) Company is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Company in connection with your access or use of the Platform and/or the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
14 Disclaimers and Limitations.
14.1 General Disclaimer. Your access or use of the Platform or any products or services made available to you on, through, or in relation to the Platform (including, without limitation, the Services) in any way is done at your own risk. The Platform, those products and services (including, without limitation, the Services), the success or performance of the Platform or those products and services (including, without limitation, the Services) and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through, or in relation to the Platform or those products and services (including, without limitation, the Services) are provided to you on an “as is”, “where is”, “as available”, and “with all faults” basis and without any warranty. Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the Platform, any of those products and services (including, without limitation, the Services), any such information, communications, content, and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, or safety. Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability, and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Platform, those products and services (including, without limitation, the Services), any such information, communications, content or features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, and safety. Company does not make, nor has Company made, any affirmation of fact, promise or warranty (whether express, implied, or otherwise) relating to the Platform, those products and services (including, without limitation, the Services), or any such information, communications, content, or features or its success, performance, functionality, quality, completeness, accuracy, reliability, marketability, or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.
14.2 Disclaimer About System Delays. You understand and acknowledge that the Platform may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks and facilities that are outside of Company’s control. Accordingly, Company shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities, or damages associated with the Platform which result from any system delays, downtimes, interruptions, or other failures of, or problems with, the Platform which are outside of Company’s control (including, without limitation, scheduled maintenance or network failure).
14.3 Disclaimer About Certain Information, Communications and Content. Any opinions, advice, reviews, statements, offers, or other information, communications or content found on, through or in relation to Company, the Platform, the Services, or any third-party providers (including, without limitation, online forums, other websites, advertisements, and social media pages) are those of their respective authors, and not necessarily those of Company; thus, they should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information, communications, or content. Company does not guarantee, adopt, or endorse the accuracy, completeness, reliability, or usefulness of any such information, communications, or content, even if Company is the author. Company is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content. Under no circumstances shall Company be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications, or content.
14.4 Limitation of Liability. In no event shall Company, any of Company’s subsidiaries or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with: (i) your access or use of the Platform, or your inability to access or use the Platform or the Services; (ii) any products or services (including, without limitation, the Services) made available on, through, or in relation to the Platform; (iii) any statements, content, or conduct of any third party on, through or in relation to the Platform or any such products or services (including, without limitation, the Services); (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s) or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Platform or any such products or services (including, without limitation, the Services); or (viii) any acts, errors, or omissions of any third-party providers. If you are dissatisfied with the Platform or any products or services offered (including, without limitation, the Services), sold, licensed, or made available on, through, or in relation to the Platform, then your sole and exclusive remedy is to discontinue your access and use of the Platform and such products and services (including, without limitation, the Services).
14.5 Limitation of Remedies. If Company breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative, exemplary, or punitive damages arising out of or in relation to such breach or other violation, even if Company has been notified of the possibility of such damages.
14.6 No Injunctive Relief. If Company breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Platform and/or any products or services made available on, through, or in relation to the Platform (including, without limitation, the Services) as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement); provided, that any such non-precluded cause of action or claim in connection with such monetary remedies must be commenced within one (1) year after the cause of action or claim accrues, or else such cause of action or claim is permanently barred.
14.7 Consumer Protections. The disclaimers and limitations set forth in this Section 14 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
You also hereby waive any rights you may have under Section 1542 of the California Civil Code and any other statute or common law principle of similar effect, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.
16 Indemnification. You hereby agree to indemnify, release, and hold harmless Company, Company’s subsidiaries and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Platform or any products or services made available on, through, or in relation to the Platform (including, without limitation, the Services) in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
17 Governing Law. This Agreement, the additional terms, conditions, and policies referenced herein (including the Platform’s Privacy Policy), your access or use of the Platform or any Services, your registration with the Platform, any transactions made in relation to the Platform, any products or services purchased in relation to the Platform (including, without limitation, the Services), the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of the State of Texas in the United States of America and the applicable federal laws of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.
18 Dispute Resolution.
18.1 Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies referenced in this Agreement (including the Platform’s Privacy Policy), your access or use of the Platform or the Services, any transactions made on, through, or in relation to the Platform, any products or services purchased on, through, or in relation to the Platform (including, without limitation, the Services), and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. Each Party acknowledges and agrees that such Party is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
18.2 Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
18.3 Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Harris County, Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
18.4 Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for the arbitrator’s decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorneys’ fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this Section 18. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, United States of America, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.
18.5 Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
18.6 Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Harris County, Texas, United States of America and the United States federal courts in the Southern District of Texas, Houston Division, for the litigation of said Dispute, and covenants and agrees that neither of the foregoing is an inconvenient venue or forum.
18.7 Waiver of Jury Trial and Class Action. Regardless of whether a particular dispute is subject to arbitration or litigation, and to the fullest extent permitted by law, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceeding.
19 General Provisions.
19.1 Notice. Unless otherwise expressly stated in this Agreement, Company may give or deliver all other notices to you by means of a general notice posted on this or another page of the Platform, as applicable, or by email to your email address as you may provide to Company on or through the Platform, and such notices shall be deemed effective as of their stated effective dates.
19.2 Relationship. In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Platform, or a Party’s access or use of the Platform or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and Company.
19.3 Force Majeure. Company shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Company’s reasonable control, and the time for Company’s performance shall be extended by the period of any such delay. Company reserves the right to apportion its production among its customers as it may determine.
19.4 Termination; Survival. If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: (i) all defined terms under this Agreement; (ii) all rights and privileges under this Agreement which were granted to or accrued in favor of Company, any of Company’s subsidiaries or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees as of the date of this Agreement’s termination; (iii) all payments which accrued as of the date of termination; (iv) all disclaimers, limitations of liability and limitations of remedies; and (v) all representations, warranties, covenants, certifications, releases, indemnifications, and promises made by you under this Agreement.
19.5 Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
19.6 No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion.
19.8 Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
19.9 Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.
19.10 Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
20 Contact Us. Please direct any questions you may have about the Platform or this Agreement to privacy@networthrealtyusa.com with a subject line of “Platform Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Agreement.
21 Modification Date. This Agreement was last updated on August 12, 2024.