RentHoustonTX, JACQUES HANMER LLC, HFS FLORIDA LLC, Jacques Hanmer, Alexander DiSaggio dba, City Group dba, and/or its real estate agents shall hereinafter collectively be referred to as “City Group Properties”.
Please read carefully before using City Group Properties.
This “Terms of Service” section applies to all inquirers, clients, real estate agents, email recipients, and users of City Group Properties, without exception, in place of written fee agreements or engagement letters. These are our non-negotiable policies and terms of service. By engaging City Group Properties, you unconditionally agree to all of these. We permit no exceptions to this rule. Please note that you are not our client and we have no responsibility to advise you or act on your behalf until a representation agreement is signed. We are under no obligation to accept any particular client, buyer, or seller, which may be accepted or declined entirely at our discretion.
IMPORTANT: LIABILITY LIMITATION; EXCLUSIVE REMEDY.
IN NO EVENT WILL RENTHOUSTONTX, CITY GROUP PROPERTIES, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ITS AGENTS/REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OF CITY GROUP PROPERTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, (D) ERRORS AND OMMISSIONS, (E) DECEPTIVE TRADE PRACTICES(DTPA) AND/OR (F) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. Waiver of Consumer Rights (DTPA Waiver). YOU HEREBY WAIVE YOUR RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RENHOUSTONTX, CITY GROUP PROPERTIES, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ITS AGENTS AND/OR ASSOCIATES WITH RESPECT TO THESE TERMS OF SERVICE OR THE USE OF CITY GROUP PROPERTIES SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OF CITY GROUP PROPERTIES.
*TERMS OF CASH BACK OFFER
In order to receive cash back, you must write that you were referred by “RentHoustonTX” on the Guest Card at the Apartment Complex upon your FIRST visit to the Apartment Complex.
SCOPE OF WORK
CITY GROUP PROPERTIES IS A REAL ESTATE BROKERAGE, NOT A MORTGAGE BROKER OR A LENDER.
The scope of work of City Group Properties for our clients is to help them find properties and sell properties. If you do not have financing, City Group Properties can refer you to a Third Party Mortgage Broker or Lender as per the terms below. You are not obligated to use any of the third party mortgage brokers or lenders we refer you to. You are free to use any mortgage broker or lender you choose, and once approved by your mortgage broker or lender, City Group Properties will help find a property for you.
Any statements by a City Group Properties agent and/or affiliate in an e-mail do not create an agreement for our clients. A typed name in the e-mail is not an electronic signature nor is it the electronic signature of any of our clients. City Group Properties agents and/or affiliates are only a facilitator and cannot bind our clients through verbal, text or email communications. Only a written offer fully initialed and signed by all parties binds the parties to the real estate contract.
OFFERS / COUNTER OFFERS
Any email communication from buyer or seller is not a counter offer. Buyer or seller may consider another offer and accept another offer. City Group Properties agents and/or affiliates are only a facilitator and cannot bind the buyer or seller through verbal, text or email communications. Only a written offer fully initialed and signed by all parties binds the parties to the real estate contract.
PLEASE READ THIS IMPORTANT MESSAGE ABOUT WIRE FRAUD, CYBER CRIME, AND EMAIL HACKING
IN RECENT YEARS REAL ESTATE BUYERS AND SELLERS HAVE BEEN TARGETED BY HACKERS AND WE WANT YOU TO BE AWARE!
BY USING CITY GROUP PROPERTIES SERVICES YOU ACKNOWLEDGE YOU ARE ADVISED TO FOLLOW THESE RULES:
• CITY GROUP PROPERTIES AND/OR ITS AGENTS WILL NEVER EMAIL YOU WIRING INSTRUCTIONS OR MAKE A REQUEST FOR YOU TO WIRE MONEY.
If you receive an email or request from a City Group agent to wire money, please call our broker immediately at his direct cell phone number: 832-603-1107 call/text
• NEVER EMAIL SENSITIVE INFORMATION THAT YOU WOULD NOT WANT A HACKER TO HAVE ACCESS TO.
Ask the recipient of your email to provide you with a secure portal to send sensitive information through. City Group Properties DOES NOT WARRANT OR GUARANTEE that any information sent or received via email to or from City Group Properties and its agents and/or associates is secure against cyber attack or email hacking and you agree to indemnify and hold City Group Properties harmless from any damages or loss that may occur from a cyber attack or email hacking.
• IF YOU MUST WIRE MONEY TO A TITLE COMPANY, CALL THEM DIRECTLY TO GET WIRING INSTRUCTIONS – NEVER TRUST AN EMAIL WITH WIRING INSTRUCTIONS NO MATTER WHO IT LOOKS LIKE IT IS FROM
This is very important – if you are tricked in to wiring money to someone besides the title company, you may not be able to recover your losses
IF YOU DO NOT AGREE WITH ANY PART OF THE RULES ABOVE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST RENTHOUSTONTX, CITY GROUP PROPERTIES, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ITS AGENTS AND/OR ASSOCIATES WITH RESPECT TO CYBER CRIME, WIRE FRAUD, OR EMAIL HACKING, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OF CITY GROUP PROPERTIES.
PROPERTY CONDITION DISCLAIMER FOR ALL BUYERS
The following property condition disclaimer and agreement pertains to anyone who has the intent to purchase, herein referred to as the “Buyer”, any real estate including but not limited to single family homes, townhouses, condos, commercial buildings, farms, ranches, and the lots or land, above ground and below, the buildings reside on, herein referred to as the “Property”.
Buyer acknowledges that City Group Properties and/or its real estate agent or sales associates have not inspected any Property and make no representations or warranties as to Property condition and/or defects of the structure or land. Any information marketed in the MLS Listing for the Property was provided to City Group Properties by the seller and/or third party sources and we do not warrant the information or guarantee its accuracy.
CITY GROUP PROPERTIES RECOMMENDS AN INSPECTION: City Group Properties and/or its agents or assigns do not warrant, guarantee, or have intimate knowledge of the Property condition of any Property we may list on the MLS and/or assist Buyer with the purchase of. Furthermore, City Group Properties and/or its agents are not inspectors and are not educated on construction or Property condition and cannot interpret a Property inspection report or give advice related to Property condition or repairs.
CITY GROUP PROPERTIES RECOMMENDS THAT THE BUYER HIRE A LICENSED INSPECTOR AND/OR SPECIALIST TO INSPECT THE PROPERTY. CITY GROUP PROPERTIES RECOMMENDS THAT THE BUYER HAVE ANY HOME BUILT PRIOR TO 1978 TESTED FOR LEAD BASED PAINT WHICH CAN LEAD TO SERIOUS ILLNESS OR DEATH.
By placing an offer on a Property listed by City Group Properties or using a City Group Properties agent to assist in placing an offer on any Property listed or not listed by City Group Properties, the Buyer agrees that it is their responsibility to retain a licensed property inspector and/or specialist to inspect any Property the Buyer wishes to purchase, including a Property in which City Group Properties may be representing the Buyer. The Buyer agrees and understands that City Group Properties has recommended to the Buyer that they should hire a licensed property inspector, including but not limited to, specialist inspectors or contractors for foundation, drywall, roofing, stucco, private wells, plumbing, sewage, and any other items the Buyer would consider as items related to Property condition.
CITY GROUP PROPERTIES RECOMMENDS BUYER PURCHASE A NEW SURVEY: Although the seller may be providing a copy of the survey of the Property, CITY GROUP PROPERTIES RECOMMENDS THAT YOU PAY FOR A NEW SURVEY BY A SURVEY PROVIDER OF YOUR CHOICE. If you chose to accept the sellers existing survey, you agree that you will not hold City Group Properties liable in any way for any survey related issues after closing.
INDEMINITY: THE BUYER AGREES TO AND HEREBY DOES INDEMNIFY AND HOLD HARMLESS RENTHOUSTONTX, CITY GROUP PROPERTIES, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ASSOCIATES FROM AND AGAINST ANY AND ALL LOSS OR DAMAGE RESULTING FROM ANY AND ALL ISSUES RELATED TO PROPERTY CONDITION AFTER THE CLOSING OF THE PROPERTY.
DISCLOSURE OF THIRD PARTY FINANCING RELATIONSHIPS – MORTGAGE BROKERS AND LENDERS
USERS OF CITY GROUP PROPERTIES SERVICES UNDERSTANDING OF THE FOLLOWING:
USERS OF CITY GROUP PROPERTIES SERVICES MAY BE REFERRED FOR THIRD PARTY FINANCING APPROVAL TO A MORTGAGE LENDER.
CITY GROUP PROPERTIES MAY REFER ITS CLIENTS TO THIRD PARTY MORTGAGE BROKERS/LENDERS THAT PROVIDE FINANCING FOR BUYERS. CITY GROUP PROPERTIES IS NOT PAID BY OR AFFILIATED WITH ANY OF THE THIRD PARTY MORTGAGE BROKERS/LENDERS WE MAY REFER OUR CLIENTS TO, HEREIN REFERRED TO AS “THIRD PARTY LENDER”.
UNDERSTANDING OF PROCESS AND LIABILITY: USERS OF CITY GROUP PROPERTIES WILL SUBMIT PRELIMINARY INFORMATION REQUESTED BY THE THIRD PARTY LENDER TO OBTAIN A “PREAPPROVAL”. ONCE PREAPPROVED, THE THIRD PARTY LENDER WILL ALSO REVIEW PROOF OF INCOME, CREDIT REPORT, TAXES, APPRAISAL OF SUBJECT PROPERTY, AND ANY OTHER INFORMATION REQUESTED BY THE THIRD PARTY LENDER THROUGH THEIR UNDERWRITING PROCESS TO MAKE FINAL APPROVAL.
USERS OF CITY GROUP PROPERTIES AGREE AND UNDERSTAND THAT THE SALES CONTRACT WILL INCLUDE A THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL. USERS OF CITY GROUP PROPERTIES AGREE THAT THEY MUST OBTAIN FINAL APPROVAL FOR FINANCING WITHIN THE TIME ALLOTTED IN THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL. IN THE EVENT USERS OF CITY GROUP PROPERTIES DO NOT MEET THE THIRD PARTY LENDER UNDERWRITING CONDITION REQUIREMENTS FOR FINAL APPROVAL IN THE TIME ALLOTED IN THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL OR CANNOT PRODUCE THE FUNDS REQUIRED TO CLOSE, USERS OF CITY GROUP PROPERTIES UNDERSTAND THAT THEY HAVE THE RIGHT TO TERMINATE THE CONTRACT BEFORE THE LAST DAY ALLOTTED PER THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL TO RECEIVE A REFUND OF EARNEST MONEY. USERS OF CITY GROUP PROPERTIES AGREE THAT IF THE CONTRACT IS TERMINATED AFTER THE ALLOTTED TIME FRAME STATED IN THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL, THE EARNEST MONEY WILL BE NON-REFUNDABLE AND WILL BE AWARDED TO THE SELLER.
USERS OF CITY GROUP PROPERTIES AGREE TO AND HEREBY DO INDEMNIFY AND HOLD HARMLESS RENTHOUSTONTX, CITY GROUP PROPERTIES AND/OR ASSOCIATES, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND SELLER/OWNER OF SUBJECT PROPERTY FROM AND AGAINST ANY AND ALL LOSS OR DAMAGE RESULTING IN USE OF CITY GROUP PROPERTIES AND/OR THE THIRD PARTY LENDER. IN THE EVENT USERS OF CITY GROUP PROPERTIES ARE NOT APPROVED, USERS OF CITY GROUP PROPERTIES WAIVE THE RIGHT TO SUE FOR SPECIFIC PERFORMANCE OR TO REQUEST OR SUE FOR ANY EXPENSES USERS OF CITY GROUP PROPERTIES MAY HAVE INCURRED. IF USERS OF CITY GROUP PROPERTIES ARE NOT APPROVED, USERS OF CITY GROUP PROPERTIES AGREE THAT EARNEST MONEY WILL BE RELEASED IMMEDIATELY TO THE BUYER OR SELLER PER THE TERMS IN THE SALE CONTRACT AND THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL. USERS OF CITY GROUP PROPERTIES WAIVE THE RIGHT TO PUT AN INJUNCTION ON THE SUBJECT PROPERTY OR PREVENT SALE OF SUBJECT PROPERTY TO ANOTHER BUYER.
RENT TO OWN/RENT WITH OPTION TO BUY THIRD PARTY SERVICE PROVIDER DISCLOSURE
The Rent to Own/Rent with Option to Buy Program is offered through a 3rd Party Rent With Option to Buy Service Provider that allows you to choose a property from the MLS (that meets their requirements) for them to purchase and lease to you with the option for you to purchase it at a later date and a set price.
CITY GROUP PROPERTIES WILL ONLY ACT IN THE REAL ESTATE CAPACITY OF ASSISTING USERS OF CITY GROUP PROPERTIES IN FINDING A HOME ONCE APPROVED THROUGH THE RENT WITH OPTION TO BUY THIRD PARTY SERVICE PROVIDER
USERS OF CITY GROUP PROPERTIES AGREE AND UNDERSTAND THAT THE RENT WITH OPTION TO BUY PROGRAM IS OFFERED THROUGH A THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER, NOT CITY GROUP PROPERTIES, AND THE REQUIREMENTS BELOW ARE THE REQUIREMENTS OF THE THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER.
APPROVAL CRITERIA** FOR RENT WITH OPTION TO BUY PROGRAM INCLUDES BUT IS NOT LIMITED TO:
– Must meet household income requirements
– Must be able to prove income
– Must meet credit score requirements
– No broken leases or evictions
– No recent late pays
– No vicious breed animals
– Debt to Income Ratio no greater than 43%
– No major criminal history or sex offenders
**The Rent with Option to Buy Third Party Service Provider charges an application fee and reserves the right to deny approval for any reason. City Group Properties does not have the authority to approve or deny any applicants. City Group Properties is not affiliated with the Rent with Option to Buy Third Party Service Provider.
PROPERTY CRITERIA INCLUDES BUT IS NOT LIMITED TO:
Approximate move in date is 45 days from executed contract of property
Sale price of house must be between $150,000 – $350,000 (subject to change per City)
Cannot be a rural property
No Condos, Foreclosures, Short Sales, Fixer Uppers
Rent is between $1,500/month – $4,000/month (subject to change per City)
APPROVALS/DENIALS – APPLICABLE TO ALL USERS FOR ALL SERVICES
INDIVIDUALS CONTACTING CITY GROUP PROPERTIES TO ENLIST THE SERVICES OF CITY GROUP PROPERTIES, INCLUDING INDIVIDUALS WHO MAY BE WORKING WITH A REAL ESTATE AGENT OR BROKERAGE OUTSIDE OF CITY GROUP PROPERTIES, ARE HEREIN REFERRED TO AS “USERS OF CITY GROUP PROPERTIES”. USERS OF CITY GROUP PROPERTIES UNDERSTAND THAT CITY GROUP PROPERTIES HAS NO AUTHORITY TO APPROVE OR DENY ANY APPLICANTS FOR THIRD PARTY LENDER FINANCING, RENT WITH OPTION TO BUY SERVICE PROVIDERS, AND/OR SELLERS OF OWNER FINANCED HOMES. THEREFORE USERS OF CITY GROUP PROPERTIES AGREE THAT CITY GROUP PROPERTIES AND/OR ITS ASSOCIATES WILL NOT BE HELD LIABLE FOR ANY DENIALS OF FINANCING GIVEN BEFORE OR AFTER CONTRACT OF PROPERTIES
INDIVIDUALS CONTACTING CITY GROUP PROPERTIES TO ENLIST THE SERVICES OF CITY GROUP PROPERTIES,INCLUDING INDIVIDUALS WHO MAY BE WORKING WITH A REAL ESTATE AGENT OR BROKERAGE OUTSIDE OF CITY GROUP PROPERTIES, ARE HEREIN REFERRED TO AS “USERS OF CITY GROUP PROPERTIES”. USERS OF CITY GROUP PROPERTIES AUTHORIZE CITY GROUP PROPERTIES TO SHARE USERS OF CITY GROUP PROPERTIES PERSONAL AND FINANCIAL INFORMATION WITH THIRD PARTY FINANCE SERVICE PROVIDERS AND/OR THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDERS
USERS OF CITY GROUP PROPERTIES AGREE AND HEREBY DO INDEMNIFY AND HOLD HARMLESS CITY GROUP PROPERTIES AND/OR ITS ASSOCIATES FROM ANY AND ALL LOSS OR DAMAGE RESULTING FROM THE SHARING OF INFORMATION AND/OR ANY AGREEMENTS MADE BETWEEN USERS OF CITY GROUP PROPERTIES AND THIRD PARTY FINANCE SERVICE PROVIDERS AND/OR THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDERS
INDIVIDUALS CONTACTING CITY GROUP PROPERTIES TO ENLIST THE SERVICES OF CITY GROUP PROPERTIES,INCLUDING INDIVIDUALS WHO MAY BE WORKING WITH A REAL ESTATE AGENT OR BROKERAGE OUTSIDE OF CITY GROUP PROPERTIES, ARE HEREIN REFERRED TO AS “USERS OF CITY GROUP PROPERTIES”. CITY GROUP PROPERTIES SERVICES FOR FINDING HOMES FOR USERS OF CITY GROUP PROPERTIES ARE FREE, PROVIDED THAT USERS OF CITY GROUP PROPERTIES REGISTERS CITY GROUP PROPERTIES AS THEIR AGENT WITH THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER, THIRD PARTY LENDER, NEW HOME BUILDER, AND/OR LISTING AGENT. USERS OF CITY GROUP PROPERTIES AGREE TO REGISTER CITY GROUP PROPERTIES AS THEIR REAL ESTATE AGENT WITH THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER, THIRD PARTY LENDER, NEW HOME BUILDER, AND/OR LISTING AGENT. HOWEVER, IN THE EVENT USERS OF CITY GROUP PROPERTIES CHOOSE TO REGISTER A REAL ESTATE AGENT NOT AFFILIATED WITH CITY GROUP PROPERTIES WITH THE THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER, THIRD PARTY LENDER, NEW HOME BUILDER, AND/OR LISTING AGENT, USERS OF CITY GROUP PROPERTIES AGREE TO PAY TO CITY GROUP PROPERTIES A TOTAL COMMISSION OF 3% OF THE SALE PRICE OF THE HOME PURCHASED USING THE THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER AND/OR THIRD PARTY LENDER. THIS FEE WILL BE DUE ON OR BEFORE THE DAY OF CLOSING.
USERS OF CITY GROUP PROPERTIES AGREE AND UNDERSTAND THAT THEY ARE BEING INTRODUCED TO THE THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER AND/OR THIRD PARTY LENDER AND AGREE TO REGISTER CITY GROUP PROPERTIES AS THEIR AGENT
BY USING OUR PRODUCTS AND/OR SERVICES, YOU AGREE TO USE CITY GROUP PROPERTIES AS YOUR REAL ESTATE AGENT (FREE OF CHARGE TO YOU) AND NOT USE A REAL ESTATE AGENT FROM ANOTHER BROKERAGE WITH ANY PROGRAMS CITY GROUP PROPERTIES INTRODUCES YOU TO OR YOU WILL BE RESPONSIBLE FOR CITY GROUP PROPERTIES COMMISSION AS STATED ABOVE.
FAQ’s – Frequently Asked Questions about the City Group Properties system
How Long Will It Be Before I Can Move In To My New Home?
With Owner Finance options, you can move in as little as 2 weeks. With lenders and rent with option to buy options, it will be a minimum of 30 days.
Is City Group Properties a Bank or a Mortgage Lender?
No, City Group Properties is a Real Estate Brokerage and the scope of work of the City Group Real Estate Agent you are working with will be to assist in finding you a property once you are pre-approved.
Is City Group Properties Offering Financing?
No, City Group Properties is not offering financing, we are not a lender. We can refer you to lenders, sellers (owner finance), and rent with option to buy companies that may be able to help get you in to a home even if you have already been turned down by other lenders and banks.
How Much Do You Charge For Your Services?
As long as you use City Group Properties as your real estate agent, our services for referring you to a financing provider and helping you find the right home are FREE to you! We get paid a commission from the property owner/listing agent when we find you a home, so you do not have to pay anything to us when using one of our agents to assist you in purchasing a home.
**Please let us know immediately if you are working with another real estate agent outside of City Group Properties.DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use the goods or services provided by City Group Properties, or to any acts or omissions for which you may contend City Group Properties is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Houston, Texas. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by City Group Properties. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Houston, Texas. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and City Group Properties, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Houston, Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
CHOICE OF LAW
City Group Properties and its websites are based in Houston, TX and as such the laws of the State of Texas, U.S.A., will govern these TERMS OF SERVICE, excluding any principles or rules of law that may direct the application of the law of another state. Users of City Group Properties services hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in Texas, U.S.A., for any litigation arising out of or relating to the use of City Group Properties, waive any objection to the venue of any such litigation in the Texas courts and agree not to plead or claim in any Texas court that such litigation brought therein has been brought in an inconvenient forum. Use of City Group Properties is only authorized in jurisdictions that give effect to all provisions of these TERMS OF SERVICE. Users of City Group Properties agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Harris County, Texas for any and all disputes, claims and actions arising from or in connection with the agents or services of City Group Properties and/or these TERMS OF SERVICE.
Policy as of December 8, 2018
Information We Collect
We collect and store information that you voluntarily provide to us as well as data related to your Web Site visit and usage.
We collect personally identifiable information (including, but not limited to, name, address and phone number) that is voluntarily provided to us by you. For example, you voluntarily provide personally identifiable information when you send us an email, use certain features of the Web Site such as registering for CITY GROUP PROPERTIES services.
In addition, during your visit we automatically collect certain aggregate information related to your Web Site visit. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, your IP address, your computer browser information, the Internet address that you visited prior to and after reaching the Web Site, the name of the domain and host you used to access the Internet, and the features of our Web Site which you accessed.
How We Use Information
We use collected information to make available and to improve our high standard of reliable services. We use such information to:
- respond to inquiries or service requests and monitor such responses;
- provide information about and market our products or services ;
- resolve problems; and
- manage the Web Site and assess its usage.
Disclosure of Information
When you search for a property or if you request to be contacted by an agent or office or otherwise request information from us, we will disclose the personally identifiable information you provide to an appropriate agent of CITY GROUP PROPERTIES to satisfy your request.
We do not sell or rent personally identifiable information to third parties who are not affiliated with CITY GROUP PROPERTIES. We may disclose personally identifiable information to appropriate affiliates of CITY GROUP PROPERTIES, including strategic alliance affiliates and third party service providers, to respond to a request for service or to provide information about available products or services.
We may share aggregate (non-personally identifiable) information with certain third parties such as advertisers, national industry organizations, and prospective affiliates. In addition, we reserve the right to disclose aggregate information and personally identifiable information to third parties as required or permitted by law and when we believe that disclosure is necessary to protect our rights.
This Web site is not directed toward children, and we do not knowingly collect information from children.
Effective Date; Policy Changes
Lost or Stolen Information
You must promptly notify us if you become aware that any information provided by or submitted to this Web Site is lost, stolen, or used without permission.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CITY GROUP PROPERTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE) THAT RESULT FROM (A) THE USE OF THE INFORMATION OR MATERIALS ON THIS WEB SITE, (B) LOSS OR SHARING OF PERSONALLY IDENTIFIABLE INFORMATION DUE TO WEBSITE HACK OR EMAIL HACK, (C) LOSS OR SHARING OF ANY PERSONAL INFORMATION EMAILED TO CITY GROUP PROPERTIES AND/OR ITS AGENTS DUE TO EMAIL PHISHING OR HACK, EVEN IF CITY GROUP PROPERTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This policy is governed by the laws of the State of Texas without giving effect to any principles of conflict of law.
To contact us with your questions or comments regarding these policies or the information collection and dissemination practices of CITY GROUP PROPERTIES, please email us at support@CityGroupProperties.com.
CITY GROUP PROPERTIES 2020. All rights reserved.