Terms & Conditions
Sale Property Listing
These terms and conditions are for the service of creating a public listing of a residential or commercial property that is for sale by owner or assignment by contract.
1. Roles & Responsibilities
B4 and After Property Services LLC is not a licensed broker or broker agency and is providing this property listing service to those wanting a private sale of residential or commercial property in Corpus Christie, Texas, and surrounding areas. B4 and After Property Services LLC agrees to create and maintain a listing page for the seller to use to facilitate the sale of the property. B4 and After Property Services LLC is not responsible for facilitating any negotiations, contracts, or other legal requirements of the sale.
The Seller of the property or another person the Seller has authorized is responsible for submitting the information for the property listing to B4 and After Property Services LLC via the electronic form, for providing current and accurate information as detailed below, and for informing B4 and After Property Services LLC when to remove the listing from public view. The Seller and the Submitter are responsible for promoting the property listing page created by B4 and After Property Services, as well as organizing and promoting any open house tours of the property
The Seller of the Property is responsible for filing all legal documents and paying all fees associated with the sale of the property as detailed in your contract with the buyer. Sales of property by owner in the state of Texas require the seller to have two forms of identification, such as a state-issued ID or driver's license, or valid passport, a copy of the original, signed sales agreement as well as any agreed-upon changes, a detailed list of all the costs associated with the sale and who pays them, the legal property deed, a bill of sale, a notarized affidavit of title and any other required forms or documentation, including but not limited to documentation of existing mortgage, Home Owner's Association forms and guidelines, including but not limited to Covenants, Codes, and Restrictions, or financial statement, a survey or affidavit of survey, pre-sale inspection results, documentation of renovations or repairs and the company name and contact information that completed the work or manages any warranties associated with the work completed, a home warranty service agreement, copies of relevant wills, trusts, or power of attorney letters, any other relevant affidavits such as name affidavit or Non Foreign Affidavit Under IRC 1445, Closing Disclosure,, Correction Statement and Agreement, Seller’s Disclosure Notice, Flood Zone Statement, and Lead-Based Paint Disclosure. The Seller must disclose to the Buyer any and all facts known to the Seller that materially and adversely affect the value of the property, which facts are not known to or not readily ascertainable by the Buyer.
2. Accepting Terms
You acknowledge and agree that, by using or accessing the Service or by uploading or posting any content on the Service, you are indicating that you have read, understand and agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Service. If you accept or agree to these Terms and Conditions of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
3. Eligibility
You must be at least 18 years of age to use the Services. By agreeing to these Terms and Conditions of Use you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations.
4. Use of Service
As a condition to using certain features of the Service, you may be required to provide personal information including but not limited to name, email address, and phone number. You agree to provide B4 and After Property Services LLC with accurate, complete, and updated information.
You may be required to pay fees in advance of using the Service and in order to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Service and its form and functionality may change without prior notice to you. B4 and After Property Services retains the right to create limits on and related to use of the Service in its sole discretion at any time with or without notice. B4 and After Property Services LLC may also impose limits on the Service or aspects of this Service or restrict your access to parts or all of the Service without notice or liability. B4 and After Property Services LLC may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content (as defined below).
5. Privacy
We are committed to protecting the online privacy of visitors to our website.
For information about how B4 and After Property Services LLC collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to Wix for storage, processing, and use by B4 and After Property Services LLC and affiliated third parties as stated in our Privacy Policy.
In addition to our Privacy Policy, by providing your contact details you are agreeing to receive occasional electronic newsletters that will send information about our websites to your e-mail address. However, we will provide you with the option to change your preferences and opt-out of receiving those communications.
6. User Generated Content
Content Restrictions
Users of the Service may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that B4 and After Property Services LLC believes:
-
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
-
comprises copyrighted material or other intellectual property used without the express permission of the owner;
-
Violates or otherwise encroaches on the rights of others;
-
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
-
Advocates illegal activity;
-
Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;
-
Uses any high volume automated means (including robots, spiders or scripts) to access the Service;
-
Broadcasts or sends any form of advertising, mass communication or solicitation to other users;
-
Harms anyone, including minors; or,
-
Provides a link to any of the above
B4 and After Property Services LLC has the sole discretion to determine whether Content is Prohibited Content and will examine or otherwise review all Content submitted or transmitted to the Service prior to approving your submission. B4 and After Property Services LLC may delete, move, or edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
B4 and After Property Services LLC in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
Copyright
Users retain ownership and/or other applicable rights in User Generated Content, and B4 and After Property Services LLC and/or third parties retain ownership and/or other applicable rights in all Content other than User Generated Content.
By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms.
B4 and After Property Services LLC does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your Content. By making available any Content through the Service, you hereby grant to B4 and After Property Services LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sublicensable right to use, host, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works of and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, Eurail, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes, subject to any limitations on use of your private Content, if applicable, in the B4 and After Property Services LLC Privacy Policy; you also grant B4 and After Property Services LLC the right to sublicense these rights to third parties for analyzing the Content on other media and services and for distribution via third party distribution channels, which may include viral distribution of your Content via social media. You agree that neither B4 and After Property Services LLC nor any third-party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that B4 and After Property Services LLC does not guarantee any confidentiality with respect to Content you submit.
Note also that this license to your Content continues even if you stop using the Services, primarily because of the social nature of Content.
If we ever consider publishing your photo in any print media or channels other than social media, we will contact you first for permission.
7. Disclaimer
Although we strive to make the Service as dependable as possible, the Service is provided on an AS IS – WITH ALL FAULTS basis. Your use of our Service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our Service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion.
8. Indemnification
You agree to indemnify, defend, and hold harmless B4 and After Property Services LLC and associated companies, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Generated Content you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account.
9. No Warranties or Guarantee
B4 and After Property Services LLC provides the Service "As Is", "With All Faults" and "As Available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the Submitter and Seller. To the maximum extent permitted by applicable law, B4 and After Property Services LLC make no representations, warranties, or conditions, express or implied. B4 and After Property Services LLC expressly disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation: (A) Warranties or Conditions of Merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, accuracy. quiet enjoyment. no encumbrances, no liens, and non-infringement; (B) Warranties or Conditions arising through the course of dealing or usage of Service, and (C) Warranties or Conditions of uninterrupted or error-free access or use. No advice or information, whether oral or written, obtained by you through the Service or any materials available. through the service will create a warranty regarding B4 and After Property Services LLC or the Service that is not expressly stated in these terms and conditions of service. You assume all risk for any damage that may result from the use or access to the Service, your dealing with any other user, and materials including those available through the Service. You understand and agree that your use of the Service and the use, access, download, or other obtainment of materials through the Service and any associated sites or services are at your own discretion and risk and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Service), or the loss of data that can result from the use of the Service or the download or use of those materials.
10. Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, B4 AND AFTER PROPERTY SERVICES LLC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE INDEMNIFICATION SECTION IN NO EVENT SHALL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO B4 AND AFTER PROPERTY SERVICES LLC FOR THE SERVICES SOLD HEREUNDER. WITHOUT LIMITING THE FOREGOING, B4 AND AFTER PROPERTY SERVICES LLC IS NOT RESPONSIBLE FOR ANY DAMAGES DUE TO ANY CONTENT, OMISSIONS, OR ERRONEOUS DATA APPEARING ON SUBMITTERS PROPERTY LISTING PAGE OF THE B4 AND AFTER WEBSITE, BLOGS, OR ON SOCIAL MEDIA OR ANY LOSS, DAMAGE, CORRUPTION, OR BREACH OF CLIENT DATA WITHIN CLIENT’S ACCOUNT. WE FURTHER DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE IN CONJUNCTION WITH THESE SERVICES. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU.
10. Choice of Law, Disputes
These Terms and Conditions of Service are governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Nueces County, Texas for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms and Conditions of Service.