Terms and Conditions of Service

Last updated: 2/12/2024

Terms and Conditions

By visiting or using the www.flist.info Web site (the "Web site"), or any co-branded and/or linking site, or by participating in any www.flist.info sponsored educational program or seminar the user ("User") agrees to be bound by these Terms and Conditions of Service and that such agreement constitutes a binding contract between User and www.flist.info. If User does not wish to be bound by these Terms and Conditions of Service, the User should not visit or use the www.flist.info Web site. www.flist.info reserves the right to change these Terms and Conditions of Service from time-to-time at its sole discretion. In the case of any violation of the Terms and Conditions of Service, www.flist.info reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions of Service apply to all visits to the www.flist.info Web site, to the education portion of the Web site both now and in the future. Your contact information (belonging to you, the subscriber) is collected by Flist.info (K & E DATA, LLC) on an opt-in basis and can be collected in different ways: Flist.info (K & E DATA, LLC) users can collect your first name, last name, phone number, email address and other custom data when you willingly subscribe/opt-in to Flist.info (K & E DATA, LLC) Online Sign-up Page ("OSP"). Additionally opt-in verification message will be sent to the email address or mobile phone number that you have provided. You must verify each piece of contact information to begin receiving messages via the listed communication channels. If you do not verify the contact information you have provided on the OSP, you will not receive messages from that channel. Flist.info (K & E DATA, LLC) may have previously collected your contact information on an opt-in basis outside of the Flist.info (K & E DATA, LLC) system. This states that your contact information was collected with your permission and you have expressed consent to receive messages. All users have the ability to unsubscribe or change their personal subscription settings at any time. To unsubscribe from all future emails : Click the ‘Unsubscribe’ link located at the bottom of the email received. Flist.info (K & E DATA, LLC) may use or disclose information about you, including your personal information, under the following circumstances: • To anticipate and resolve problems and conflicts with our products and services. • To provide you with products and services you requested. • For verification and authentication purposes in regards to requests or changes of any personal information or data related. • For other purposes communicated to you at the time you provide or authorize the use of your information. • To enforce our Terms of Use and Privacy Policy or other legal agreements. • To outsource any of the tasks referenced in this Terms of Use and Privacy Policy, such as customer service. • In response to a subpoena, court order, or other legal process. • To establish or exercise our legal rights or defend against legal claims. • To share with a company controlled by, or under common control with Flist.info (K & E DATA, LLC) for any purpose permitted by our Terms of Use and Privacy Policy. • When Flist.info (K & E DATA, LLC) believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law. • In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of Flist.info (K & E DATA, LLC).

No Endorsements; User Waiver of Claims

User acknowledges that www.flist.info sells no real estate or real estate services ("Product") through this Web site.

General Disclaimer

Although www.flist.info has made reasonable efforts to place accurate information on this Web site, www.flist.info assumes no responsibility for the accuracy of the information. www.flist.info PROVIDES THIS WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED "AS IS" WHERE IS AND WWW.FLIST.INFO FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS WWW.FLIST.INFO DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

WWW.FLIST.INFO SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT WWW.FLIST.INFO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

Indemnification

User agrees to indemnify and hold harmless www.flist.info, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Copyright/Restrictions on Use of Material

The subscription to www.flist.info services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the www.flist.info Web site or on any other co-branded Web site, by any subscriber in any capacity, is strictly prohibited and a material condition to the use of the www.flist.info site. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of www.flist.info, which constitutes the intellectual property of K & E DATA, LLC. Use of this Web site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the www.flist.info or co-branded Web sites in a commercial manner is strictly prohibited. www.flist.info reserves the right to immediately terminate any account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through the www.flist.info Web site (or co-branded Web site) on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, www.flist.info may seek injunction in any court located in Tarrant County, Texas. And, the subscriber through the use of this site consents to the jurisdiction of said courts and shall and agree to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein. 1. Customer shall always use the real property ownership information for the Customer's own internal business purposes only; 2. Customer shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation; 3. Customer shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain the Licensee and its data suppliers; 4. Customer shall not disclose or provide the real property ownership information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in the Customer Agreement or are otherwise covered under the Customer Agreement; 5. Customer acknowledges that Licensee Reports, as well as the data contained therein, is sourced from public documents or statistical calculations and is provided on an "as is, as available" basis with all faults and defects. The data supplier does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier responsible for errors, omissions, miscalculations, or misrepresentations of value; 6. Customer acknowledges that the real property ownership information is proprietary information of Licensee and suppliers, under copyright, and has been furnished to Customer in trust. Customer acknowledges that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Customer will issue appropriate instructions to all of its employees having access to the Licensee Reports concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect to consumer information that is or may be considered "sensitive" such as financial or personally identifiable information, including but not limited to, owner name, mortgage values, sale amounts, estimated property values, real estate loan information, default, and foreclosure information, as related to a named individual owner; 7. Customer acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither Licensee nor its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered "as is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of Customer or the ultimate end user of such values. In no event shall Licensee or its suppliers or licensors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances; 8. Any use of the service and underlying real property information by Customer shall be at its own risk, and Customer hereby indemnifies Licensee and its suppliers or licensors with respect thereto. In no event shall Licensee and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value; 9. Licensee's data supplier is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the Licensee Reports, loss of any substitute data or claims by third parties, or for other similar costs. In no event shall Licensee's data supplier be liable for any damages resulting from Customer's inability or failure to access any Web site; 10. Customer acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or permitting a telephone customer to give public notice that such customer does not wish to receive sales solicitation telephone calls. Licensee and its data suppliers disclaim any warranty, expressed or implied, that the real property information is free from any consumer information that may give rise to a privacy claim.

Listing Data Disclaimer

The information provided on the Website, which encompasses details such as property dimensions, floor area, valuation, geographic location, and general property description, is furnished for your convenience and originates from third-party sources. This data should not be interpreted as constituting a contractual offer for the procurement, leasing, or advertising of real estate. No express or implied warranties or assurances are extended concerning these properties, including their availability. While the data presented on this Website is considered reliable, it acknowledges a degree of uncertainty, thus necessitating independent verification. The administrators of this platform, as well as their respective directors, associates, and personnel, have not undertaken a process of due diligence to verify the accuracy of the information. Their role is limited to disseminating the information, and they do not accept liability, whether direct or indirect, for any injuries, losses, claims, damages, or associated indirect or consequential harms, including but not limited to lost profits or savings, arising from the use of any information or any deficiencies, inaccuracies, or defects in the disseminated information within the bounds of the Website. Flist.info, in conjunction with its Affiliates, disclaims any responsibility arising from your acquisition of third-party goods, services, or tangible properties based on the informational context of the Site. Flist.info reserves the right, at its sole discretion and without prior notice, to rectify errors or omissions within any section of the Site or to restrict access to the Site. Relying solely on the informational content featured on the Website is not advisable. Conduct your own personal inquiries and seek legal counsel regarding any property under consideration within the scope of the Website or the associated data.

Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of www.flist.info or K & E DATA, LLC. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by www.flist.info.

User's Code of Behavior

User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to www.flist.info must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation. Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based transaction requests, which shall not exceed 200 property listing records and/or search transactions per 24-hour period. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee. By subscribing to the www.flist.info service, User agrees not to disclose their username (email) and password combination to others. User also agrees not to distribute the information contained in www.flist.info to any person or organization, by any means, printed, electronic or other. User understands that the monthly fee to access the data on www.flist.info will start if User does not cancel.

Cancellations

User can cancel his or her service at any time by contacting us through the Contact Us section.

Links to/from Third Party Sites

This Web site contains links to third party sites. User accesses these sites at User's own risk; www.flist.info is not responsible for the contents, changes, updates, or other links contained in a linked site. www.flist.info provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by www.flist.info of the site.

Authorization, Credit Cards, Debit Cards, ACH Transactions

User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and www.flist.info as a result of use of the Web site.

Governing Law

The contents of this Web site and any claims related to it are governed by the laws of the State of Texas, without reference to its conflict of laws rules. User consents and fully agrees to the exclusive jurisdiction of the State and Federal courts located in Tarrant County, Texas, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding in any other jurisdiction.

Privacy

Personal information is defined as any information entered when registering or using services obtained through our Web site, information you provide as part of registration for one of our education or seminar programs or any other information collected about you on our Web site (such as how long you spend on the Web site, what you look at on the Web site, etc.) We at www.flist.info constantly strive to provide useful products and services based on the content of our site, including participants in our educational programs and seminars and on related subjects of interest. We may sell or distribute certain individual personal information to other companies, including related interests or vendors so as to provide you with important offers based on your requests, personal contact information and data you provide on the website requesting to be contacted.

Entire Agreement

By subscribing to the www.flist.info's service, I agree not to disclose my email address and password to others. I also agree not to distribute the information contained in www.flist.info to any person or organization, by any means, printed, electronic or other. The above Terms and Conditions of Service constitute the entire and only agreement between User and www.flist.info on the matters described. User understands that User may be subject to further restrictions while using Vendors' Web sites.