Terms of Use for the Texas Equity Group, LLC (“Connect”)

Terms of Use for the Texas Equity Group, LLC (“Connect”)   Texas Equity Group, LLC  (“TEG “CONNECT” “) has developed a password protected, secure intranet website (the “Intranet”) that allows our franchisees and their independent contractors (“Associates”) and employees to view, download and print all or portions of confidential documents and materials, to download approved advertising materials, to communicate with us and others, and to perform other functions that pertain to the operations of our franchisees, Associates, and their businesses. Below are the terms and conditions of use for TEG “CONNECT” ‘s Intranet (“Terms of Use”). Please read and review them carefully. By using and accessing the Intranet you expressly acknowledge that you have read, understand and agree to be bound by the Terms of Use. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE INTRANET.

 

TEG “CONNECT” reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. By using the Intranet after we have posted the modifications you agree to be bound by the revised Terms of Use.

 

Passwords and Security You will receive your User ID and password from TEG “CONNECT” . You will be required to change your password periodically. Please protect the confidentiality of your User ID and password. Your User ID and password are unique to you. You should not use another person’s User ID and password to access the Intranet or allow another person to use your User ID and password. Please memorize your User ID and password. If necessary, write them down, but do not record your User ID in the same place that you record your password. You are responsible for maintaining the confidentiality of your User ID and password and for all activities occurring under your User ID and password. Franchisees are also responsible for the use your employees and Associates make of their User IDs and passwords. You agree to notify TEG “CONNECT” immediately of any unauthorized use of your User ID or password or any other breach of security that comes to your attention. You also agree to log out of your Intranet account at the end of each session. We are not responsible for any losses or damages arising from your failure to comply with the requirements set forth in this section.

 

Privacy and Data Collection We will record your User ID when you select it or it is otherwise issued to you. Any initial passwords we use to create an account will be single use passwords, which will require you to change them. TEG “CONNECT” will not retain user password information. We also record each instance that your User ID and password are used to access the Intranet. We may also record time, duration and other details of your Intranet sessions. TEG “CONNECT” may collect IP addresses and other publicly available data associated with a web resource request. When users request pages from TEG “CONNECT” sites our servers log the data the users’ browser freely sends to our servers and the associated log-in data. We will use IP addresses, log-in information and other information provided by the users’ web browser to identify a user when we feel it is necessary to enforce compliance with our site Terms of Use or to protect our service. TEG “CONNECT” may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be in violation of the Terms of Use or may be causing injury to or interference with any TEG “CONNECT” rights or property, other TEG “CONNECT” users or anyone else. TEG “CONNECT” may disclose or access account information when we believe the law requires it and for administrative or other purposes that we deem necessary. In addition, your first and last name will be transmitted with each message sent under your User ID.

 

Conduct As a condition of your use of the Intranet, you agree not to use the Intranet for any purpose that is unlawful or prohibited by these Terms of Use. We provide the Intranet only for exchanges of information and other uses directly related to TEG “CONNECT” ‘s franchise system. You may use the Intranet only for purposes related to the operation of your franchise and not for personal or unrelated business. Any unauthorized use of the Intranet is expressly prohibited and we reserve the right to delete inappropriate material and to suspend the account of any person who uses the Intranet for an unauthorized purpose.

All messages, data, text, photographs, graphics, video or other materials or information transmitted via the Intranet (except for information that we post), whether posted for general viewing or transmitted privately (“User Content”), are the sole responsibility of the User ID from which an item of User Content originated. If you upload, post, email, or otherwise transmit any User Content you are responsible for its compliance with these Terms of Use. We are not responsible for the accuracy or reliability of User Content and are not responsible for any loss or damage resulting from use of User Content.

You agree not to use the Intranet to:

  1. Upload, post, email or otherwise transmit any User Content that is, in TEG “CONNECT” ‘s sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory or otherwise offensive.
  2.  Impersonate another person or entity.
  3. Disguise the authorship or origin of any User Content you transmit.
  4.  Upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship (such as confidential or proprietary information of a third party).
  5. Upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any person or entity.
  6. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, SPAM, chain letters, or any other form of solicitation.
  7. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  8. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than normal, or otherwise act in any matter that negatively affect other users’ ability to engage in normal exchanges on or through the Intranet.
  9. Interfere with or disrupt servers or networks connected to the Intranet.
  10. Stalk or otherwise harass another.
  11. Collect, store or use personal data about other users, including TEG “CONNECT” franchisees, their employees and Associates, obtained via the Intranet.

We reserve the right, in our sole discretion, to block or remove any objectionable User Content that you transmit available via the Intranet. We store and preserve some User Content and may disclose it if required by law or if we believe disclosure is reasonably necessary. We may transmit and store your User Content over various networks, computer servers and through other technological means. We may modify your User content to conform and adapt it to technical requirements of connecting networks or devices. We will immediately suspend or terminate the rights of any User ID that we believe, in our sole discretion, is being used to disseminate SPAM or other unsolicited bulk email. In addition, because damages are difficult to quantify, you agree to pay us liquidated damages of $5 for each piece of SPAM or unsolicited bulk email transmitted under or otherwise associated with your User ID.

Texas Equity Group, LLC Materials   Texas Equity Group, LLC is an internal department of TEG “CONNECT” responsible for the creation and publication of educational materials. The term “TEG Materials” means any materials or work product created by, owned by or licensed to TEG “CONNECT”, including educational publications and information contained on the Intranet, and all versions or upgrades or modifications to, and any replacements of, such materials or work product. TEG Materials are available to view and download through the Intranet. By viewing and downloading TEG Materials, you are expressly acknowledging and agreeing that the Licensee of your Market Center has entered into a TEG Materials License Addendum with TEG “CONNECT”. You agree to comply with the terms of your Market Center Licensee’s TEG Materials License Addendum and any other conditions, standards, obligations, or duties related to use of the TEG Materials that may be imposed by TEG “CONNECT”. You also agree to comply with these Terms of Use, including all provisions related to use of the TEG Materials. TEG “CONNECT” is the copyright holder for all materials available through the Texas Equity Group, LLC portion of the Intranet, except whether otherwise noted. Nothing in these Terms of Use should be construed as transferring copyright of any TEG Materials to any other party or as providing a copyright interest in the TEG Materials to any other party. User agrees not to remove or alter the TEG “CONNECT” copyright notice on the TEG Materials and not to print the TEG Materials in any manner that removes or obscures the TEG “CONNECT” copyright notice. User agrees to respect TEG “CONNECT” ‘s copyright and to notify TEG “CONNECT” of any breach of its copyright or misuse of the TEG Materials. While TEG “CONNECT” has taken due care in the preparation of the TEG Materials contained in and available through the Intranet, we cannot guarantee their accuracy. TEG “CONNECT” makes no warranties either express or implied with regard to the information and programs presented in the TEG Materials. Access to the TEG Materials and use of the TEG Materials is limited to current Keller Williams Associates, franchisees, and employees. Use of the TEG Materials must be connected to the operation of the real estate brokerage business of Keller Williams Market Centers. User agrees to immediately stop using the TEG Materials if he or she ceases to be a Keller Williams Associate, franchisee or employee. The TEG Materials may not be redistributed in electronic form to anyone who is not a current Keller Williams Associate or employee. Redistribution in print form to non-Keller Williams Associates is permitted for recruiting or training purposes only. Users may not resell the TEG Materials or charge access for the TEG Materials. If User prints the TEG Materials for redistribution at a Keller Williams sanctioned recruiting or training event, he or she may recover reasonable print and distribution costs. No portion of the TEG Materials may be included in any product offered for sale or for distribution outside of TEG “CONNECT” without the express written permission of TEG “CONNECT”. For the convenience of our associates and employees, TEG “CONNECT” has included links to our approved print vendors as part of the TEG portion of the Intranet. Use of these vendors is not required and is solely in the User’s discretion. TEG “CONNECT” assumes no responsibility or liability for use of outside print vendors, regardless of whether a link to said vendor exists on the Intranet.

License to Republish User Content You grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all or any part of the User Content that you transmit and/or to incorporate it with and into other works in any form, media or technology.

Termination We may suspend your password, your email account, or restrict other uses of the Intranet at any time. We may also remove and discard any of your User Content if you violate these Terms of Use. We may also terminate your account. Any violation or breach of these Terms of Use by a Franchisee, a Franchisee’s employees or a Franchisee’s independent contractors will be deemed a breach of the Franchisee’s License Agreement. We shall not be liable to you or to any third party for any losses or damages resulting from the suspension or termination of your account.

Links and Advertising The Intranet may provide links to or refer to other website or resources. We are not responsible for the availability or such external sites or resources. We do not endorse or assume any responsibility for the content, advertising, products or other materials on or available from such sites or resources. We shall not be responsible or liable for any damage or loss caused by or in connection with the use or reliance on any such external sites or resources.

Disclaimers TEG “CONNECT” provides the Intranet as a service and convenient tool for its franchisees, their employees and Associates. TEG “CONNECT” does not guarantee and is not responsible for the accuracy and completeness of information and provides information posted on the Intranet without warranties of any kind. TEG “CONNECT” assumes no responsibility for the timeliness, deletion, failure to deliver or failure to store any of your communications or settings. TEG “CONNECT” reserves the right at any time to modify or discontinue (temporarily or permanently) the Intranet or any of its features or content, with or without notice. You agree that we shall not be liable to you or to any third party for any losses or damages resulting from any use, modification, suspension or discontinuance of the Intranet.

Limitation of Liability You expressly understand and agree that TEG “CONNECT” shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from: (1) your use of or inability to use the Intranet, (2) unauthorized access to or alteration of your transmissions, data or other content, (3) statements or conduct of any third party on the intranet, or (4) any other matter relating to the intranet.

Indemnity You agree to indemnify, defend and hold harmless TEG “CONNECT”, and its officers, directors, employees and agents from and against any claims or demands, including reasonable attorneys’ fees, made by any third party related to or arising out of User Content that you submit, post, or transmit through the Intranet, your use of the Intranet or your violation of these Terms of Use.

General These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Texas. Any action by your or any third party related to the Intranet or these Terms of Use shall be brought only in the State or Federal Courts of Travis County, Texas. By using the Intranet, you expressly consent to the jurisdiction of said courts. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force an effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Violations Please report any violations of these Terms of Use to Texas Equity Group, LLC Attn: David L. Martindale, Esq., 911 Front Street, Richmond, Texas 77469  or to legal@texasequitygroupllc.om