Effective: June 13, 2024
Thank you for using our services! These terms of
service ("Term") cover your use and access to our
services, client software, and websites
("Services"). By using our Services, you agree to be
bound by these Terms and our Privacy Policy. If you
are using our Services for an organization, you are
agreeing to these Terms on behalf of that
organization.
Your Information and Your Permissions
When you use our Services, you provide us with
things like your files, content, messages, contacts,
and so on (your information). Your information is
yours. These Terms do not give us any rights to your
information except for the limited rights that
enable us to offer the Services.
Our Services also provide you with features like
eSign, file sharing, email newsletters, appointment
setting, and more. These and other features may
require our systems to access, store, and scan your
information. You give us permission to do those
things, and this permission extends to our
affiliates and trusted third parties we work with.
Your Responsibilities
You are responsible for your conduct. Your
information and you must comply with applicable
laws. Content in the Services may be protected by
others' intellectual property rights. Please do not
copy, upload, download, or share content unless you
have the right to do so. We may review your conduct
and content for compliance with these Terms. With
that said, we have no obligation to do so. We are
not responsible for the content people post and
share via the Services.
Help us keep you informed and your information
protected. Safeguard your password to the Services,
and keep your account information current. Do not
share your account credentials or give others access
to your account.
You may use our Services only as permitted by
applicable law, including export control laws and
regulations.
Our Information
The Services are protected by copyright, trademark,
and other US and foreign laws. These Terms do not
grant you any right, title, or interest in the
Services, others' content in the Services,
amazingtxhome, and our trademarks, logos, and other
brand features. We welcome feedback, but note that
we may use comments or suggestions without any
obligation to you.
Copyright
We respect the intellectual property of others and
ask that you do too. We respond to notices of
alleged copyright infringement if they comply with
the law, and such notices should be reported to
info@amazingtxhome.com. We reserve the right to
delete or disable content alleged to be infringing
and terminate accounts of repeat infringers.
Termination
You are free to stop using our Services at any time.
We reserve the right to suspend or terminate your
access to the Services with notice to you if:
(a) you are in breach of these Terms,
(b) you are using the Services in a manner that
would cause a real risk of harm or loss to us or
other users, or
We will provide you with reasonable advance notice
via the email address associated with your account
to remedy the activity that prompted us to contact
you and give you the opportunity to export your
information from our Services. If after such notice
you fail to take the steps we ask of you, we will
terminate or suspend your access to the Services.
We will not provide notice before termination where:
(a) you are in material breach of these Terms,
(b) doing so would cause us legal liability or
compromise our ability to provide the Services to
our other users, or
(c) we are prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in
response to unforeseen circumstances beyond
amazingtxhome's control or to comply with a legal
requirement. If we do so, we will give you
reasonable prior notice so that you can export your
information from our systems.
Services "AS IS"
We strive to provide great Services, but there are
certain things that we cannot guarantee. TO THE
FULLEST EXTENT PERMITTED BY LAW, amazingtxhome AND
ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE
SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO
DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some
places do not allow the disclaimers in this
paragraph, so they may not apply to you.
Limitation of Liability
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU
WHERE IT WOULD BE ILLEGAL TO DO SO-THIS INCLUDES ANY
LIABILITY FOR amazingtxhome OR ITS AFFILIATES' FRAUD
OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE
SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF
EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO
YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A
REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE
REASONABLE CARE AND SKILL OR OUR BREACH OF OUR
CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT
CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY
ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF
LIABILITY ARE ALLOWED, amazingtxhome, ITS AFFILIATES,
SUPPLIERS, OR DISTRIBUTORS WILL NOT BE LIABLE FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF
USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL
THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY
REGARDLESS OF WHETHER OR NOT amazingtxhome OR ANY OF
ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF
SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL,
BUSINESS, OR RE-SALE PURPOSE, amazingtxhome, ITS
AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO
LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF
BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
OPPORTUNITY. amazingtxhome AND ITS AFFILIATES ARE NOT
RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR
OFFLINE, OF ANY USER OF THE SERVICES.
Resolving Disputes
Let's Try To Sort Things Out First. We want to
address your concerns without needing a formal legal
case. Before filing a claim against amazingtxhome or
our affiliates, you agree to try to resolve the
dispute informally by contacting
info@amazingtxhome.com. We will try to resolve the
dispute informally by contacting you via email.
Judicial forum for disputes. You and amazingtxhome
agree that any judicial proceeding to resolve claims
relating to these Terms or the Services will be
brought in the federal or state courts of Texas,
subject to the mandatory arbitration provisions
below. Both you and amazingtxhome consent to venue
and personal jurisdiction in such courts.
We Both Agree To Arbitrate. You and amazingtxhome
agree to resolve any claims relating to these Terms
or the Services through final and binding
arbitration by a single arbitrator. This includes
disputes arising out of or relating to
interpretation or application of this "Mandatory
Arbitration Provisions" section, including its
enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration
Association (AAA) will administer the arbitration
under its Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related
Disputes. The arbitration will be held in the United
States county where you live or work, Texas, or any
other location we agree to.
NO CLASS ACTIONS. You may only resolve disputes with
us on an individual basis and may not bring a claim
as a plaintiff or a class member in a class,
consolidated, or representative action. Class
arbitrations, class actions, private attorney
general actions, and consolidation with other
arbitrations are not allowed. If this specific
paragraph is held unenforceable, then the entirety
of this "Mandatory Arbitration Provisions" section
will be deemed void.
Controlling Law
These Terms will be governed by California law
except for its conflicts of laws principles.
However, some countries (including those in the
European Union) have laws that require agreements to
be governed by the local laws of the consumer's
country. This paragraph does not override those
laws.
Entire Agreement
These Terms constitute the entire agreement between
you and amazingtxhome with respect to the subject
matter of these Terms and supersede and replace any
other prior or contemporaneous agreements or terms
and conditions applicable to the subject matter of
these Terms. These Terms create no third-party
beneficiary rights.
Revised Waiver, Severability & Assignment
Terms
At amazingtxhome, failure to enforce a particular
provision does not mean that we waive our right to
enforce it later. If a provision is deemed
unenforceable, the remaining terms of the agreement
will continue to remain in effect, and we will
substitute the unenforceable provision with one that
reflects our intentions as closely as possible.
Please note that you cannot assign any of your
rights under these Terms, and any attempt to do so
will be considered invalid. However, we reserve the
right to assign our rights to any affiliates,
subsidiaries, or any successor in interest of any
business associated with the Services.
Modifications Terms
We are committed to providing the best possible
services to our users, which may require us to
revise these Terms from time to time. Such revisions
may be made to reflect changes in the law, new
regulatory requirements, or improvements and
enhancements made to our Services. If any
modification affects your use of the Services or
your legal rights, we will notify you before the
effective date of the update. We will send you an
email to the email address associated with your
account or send you an in-product notification.
Please note that the updated terms will take effect
no less than 30 days from when we notify you.
